Iilitiative and Referendum Publicity Pamphlet 

State of Arizona, 1918 


A PAMPHLET 

Containing a Copy of All the ' 

PROPOSED AMENDMENTS TO THE CONSTITUTION 

Proposed by Initiative Petition. 

REFERENDUM ORDERED BY THE LEGISLATURE 
AND BY PETITION OF THE PEOPLE 

and 

MEASURES PROPOSED BY INITIATIVE PETITION, 

To be submitted to the Qualified Electors of the State of Arizona for 
their Approval or Rejection at the 

REGULAR GENERAL ELECTION 

To be held on 

THE FIFTH DAY OF NOVEMBER, 1918 

Together with the Arguments, filed, favoring and opposing certain of 
said measures. 


Compiled and Issued by 
SIDNEY P. OSBORN, Secretary of State 

(Publication authorized under Par. 3332, Chapter 1, Title XXII, Revised 
Statutes of Arizona, 1913, Civil Code). 



tHifAF i'lSULATE 





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cc. 5 


Pamphlet Containing Measures to Be 




A 75 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE 
STATE OF ARIZONA. 

AN ACT TO PROVIDE COMPENSATION FOR WORKMEN 
INJURED IN HAZARDOUS EMPLOYMENTS, AND FOR THEIR 
BENEFICIARIES AND DEPENDENTS WHERE DEATH RE¬ 
SULTS FROM SUCH INJURY; CREATING AN INDUSTRIAL AC¬ 
CIDENT BOARD, DEFINING ITS POWERS AND DUTIES AND 
PROVIDING FOR A REVIEW OF ITS AWARDS; CREATING 
AN INDUSTRIAL ACCIDENT FUND, AND PROVIDING FOR 
THE ADMINISTRATION THEREOF; PRESCRIBING THE 
LIABILITY OF EMPLOYERS WHO DO NOT ELECT TO COME 
UNDER THE COMPENSATION PROVISIONS OF THIS ARTI¬ 
CLE; AND ABROGATING ALL LAWS AND CONSTITUTIONAL 
PROVISIONS IN CONFLICT HEREWITH. 

To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

Proposed by Initiative Petition of the people and filed in the office 
of the Secretary of State, July 1, 1918, in accordance with the 
Provisions of Paragraph 3328, Chapter 1, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot. 


PROPOSED AMENDMENT TO THE CONSTITUTION 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO PROVIDE COMPENSATION FOR WORKMEN 
INJURED IN HAZARDOUS EMPLOYMENT AND FOR THEIR 
BENEFICIARIES AND DEPENDENTS WHERE DEATH RESULTS 
FROM SUCH INJURY; CREATING AN INDUSTRIAL ACCI¬ 
DENT BOARD DEFINING ITS POWERS AND DUTIES AND PRO¬ 
VIDING FOR A REVIEW OF ITS AWARDS; CREATING AN 
INDUSTRIAL ACCIDENT FUND, AND PROVIDING FOR THE 
ADMINISTRATION THEREOF; PRESCRIBING THE LIABIL¬ 
ITY OF EMPLOYERS WHO DO NOT ELECT TO COME UNDER 
THE COMPENSATION PROVISIONS OF THIS ARTICLE; AND 
ABROGATING ALL LAWS AND CONSTITUTIONAL PROVISI¬ 
ONS IN CONFLICT HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 


100 Yes. 


101 No. 


of. D. 

\919 


n. 

OCT 
















Submitted to the Electors of Arizona, November 5, 1918. 


3 


(On Official Ballot Nos 100 and 101.) 


PROPOSED AMENDMENT TO THE CONSTITUTION OF THE 
STATE OF ARIZONA. 


TO PROVIDE COMPENSATION FOR WORKMEN INJURED 
IN HAZARDOUS EMPLOYMENTS, AND FOR THEIR BENE¬ 
FICIARIES AND DEPENDENTS WHERE DEATH RESULTS 
FROM SUCH INJURY; CREATING AN INDUSTRIAL ACCIDENT 
BOARD, DEFINING ITS POWERS AND DUTIES AND PROVID¬ 
ING FOR A REVIEW OF ITS AWARDS; CREATING AN IN¬ 
DUSTRIAL ACCIDENT FUND, AND PROVIDING FOR THE AD¬ 
MINISTRATION THEREOF; PRESCRIBING THE LIABILITY 
OF EMPLOYERS WHO DO NOT ELECT TO COME UNDER 
THE COMPENSATION PROVISIONS OF THIS ARTICLE; AND 
ABROGATING ALL LAWS AND CONSTITUTIONAL PROVIS¬ 
IONS IN CONFLICT HEREWITH. 


BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARI¬ 
ZONA: 


That the Constitution of the State of Arizona be and is hereby 
amended by adding thereto another article, the same to be numbered 
XXV, and to read as follows, to-wit: 

Section 1. This Article shall be known and may be cited as the 
Workmen’s Compensation Law. 

Sec. 2. (a) There is hereby created a board to consist of three 

members appointed by the Governor, by and with the advice and con¬ 
sent of the Senate, which Board shall be known as the Industrial Acci¬ 
dent Board, and shall have the powers, duties and functions herein¬ 
after conferred. The term of office of each member of the Board shall 
be six years, except that the terms of the members first appointed 
shall expire, one on January 1, 1921, one on January 1, 1923, and one 
on January 1, 1925. Their successors shall be appointed for full terms 
of six years from the expiration of the terms of their predecessors in 
office. Until otherwise provided by law, each member shall receive an 
annual salary of thirty six hundred dollars. The Board shall elect one 
of their number as Chairman, one as Secretary, and one as Treasurer 
of the Board. 

(b) If a vacancy occurs, otherwise than by expiration of a term. 



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Pamphlet Containing Measures to Be 


it shall be filled in the same manner as the original appointment, but 
shall be only for the unexpired terpi of such vacancy. 

(c) Each member shall, before entering upon the duties of his 
office, execute to the State of Arizona, and file with the Secretary of 
State, a bond in the sum hereinafter prescribed, executed by not less 
than four responsible sureties, or by some Surety Company authorized 
to become sole surety on bonds in the State of Arizona, such bond to 
be approved by the Governor and conditioned that such member will 
faithfully and impartially discharge the duties of his office. Any prem¬ 
ium paid to any such Surety Company for acting as surety on such 
bond shall be repaid to the member giving such bond out of the In¬ 
dustrial Accident Fund hereinafter created. 

(d) The bond of the Treasurer of the Board shall be in a sum 
to be fixed by the Governor, not less than twenty-five thousand dollars, 
nor more than one hundred thousand dollars. The bonds of the mem¬ 
bers of the Board other than the Treasurer shall be in the sum of ten 
thousand dollars. 

(e) A majority of the Board shall constitute a quorum for the 
transaction of any business. A vacancy on the Board shall not impair 
the right of the remaining members to perform all of the duties and 
exercise all the powers and authority of the Board. The act of the 
majority of the Board, when in session as a Board, shall be deemed to 
be the act of the Board, but any investigation, inquiry or hearing which 
the Board has power to undertake or to hold may be undertaken or 
held by or before any member thereof or any examiner or referee ap¬ 
pointed by the Board for that purpose. Every finding, order, decision 
or award made by any Board member, examiner or referee pursuant to 
such investigation, inquiry or hearing, when approved and confirmed 
by the Board and ordered filed in its office, shall be deemed to be the 
finding, order, decision or award of the Board. 

(f) The Board shall have a seal bearing the following inscription: 
“Industrial Accident Board, State of Arizona, Seal.” The seal shall 
be affixed to all writs and authentications of copies of records and to 
such other instruments as the Board shall direct. All courts shall take 
judicial notice of said seal. 

(g) The Board shall keep its principal office in the capital of the 
State, and shall be provided with suitable rooms, necessary office furni¬ 
ture, stationery and other supplies. For the purpose of holding ses¬ 
sions in other places, the Board shall have power to rent temporary 
quarters. 

(h) It shall be the duty of the Secretary of the Board to keep a 
full and true record of all its proceedings, to issue all necessary pro¬ 
cesses, writs, warrants and notices which the Board is required or 



Submitted to the Electors of Arizona, November 5, 1918. 


5 


authorized to issue, and generally to perform such other duties as the 
Board may prescribe. 

(i) The Board shall employ such assistants and other employes as 
it may deem necessary to carry out the provisions of this Article. 

(j) All employes of the Board shall receive such compensation for 
their services as may be fixed by the Board, shall hold office at the 
pleasure of the Board, and shall perform such duties as are imposed upon 
them by law or by the Board. 

(k) The salary of members of the Board and of every other person 
holding office or employment under the Board, as fixed by law or by 
the Board, shall be paid semi-monthly out of the general fund, on war¬ 
rants drawn by the State Auditor therefor. 

(l) All expenses incurred by the Board pursuant to the provisions 
of this Article, including the actual and necessary traveling and other 
expenses and disbursements of the members thereof, its officers and 
employes, incurred while on business of the Board, either within or 
without the State, shall, unless otherwise provided in this Article, after 
being approved by the Board, be paid out of the general fund, on war¬ 
rants drawn by the State Auditor therefor. 

(m) The Board shall cause to be printed such blank forms as it 
shall deem requisite to facilitate or promote the efficient administration 
of this Article. It shall provide a book in which shall be entered the 
minutes of all its proceedings, a book of record in which shall be re¬ 
corded all awards made by the Board, and such other books or records 
as it shall deem requisite for the purpose of efficient administration of 
this Article. All such records are to be kept in the office of the Board. 

(n) The Board shall have the power and authority to publish and 
distribute at its discretion, from time to time, in addition to its annual 
report, such further reports and bulletins covering its operations, pro¬ 
ceedings and matters relative to its work as it may deem advisable. 

(o) The Board shall have power and authority to charge and col¬ 
lect the following fees: For copies of papers and records not required 
to be certified or otherwise authenticated by the Board, fifteen cents for 
each folio; for certified copies of official documents, and orders filed 
in its office, or of the evidence taken at any hearing, twenty cents for 
each folio. The Board shall also have power and authority to fix and 
collect reasonable charges for publications issued under its authority. 
The fees charged and collected under this section shall be paid monthly 
into the Treasurer of the State, and shall be accompanied by a detailed 
statement thereof. 

(p) The Attorney General shall be the legal advisor of the Board. 



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Pamphlet Containing Measures to Be 


and shall represent it in all proceedings whenever so requested by the 
Board or any member thereof 

Sec. 3. (a) In an action to recover damages for personal injuries 

sustained by an employe in the course of his employment, in any of 
the works or occupations hereinafter specified as “hazardous,” or for 
death resulting from personal injuries so sustained, it shall not be a 
defense. 

(1) That the employe was negligent, unless such negligence was 
wilful or the result of intoxication. 

(2) That the injury was caused by the negligence of a fellow em¬ 
ploye. 

(3) That the employe had assumed the risk inherent in, incident 
to, or arising out of his employment, or arising from the failure of the 
employer to provide and maintain a reasonably safe place to work or 
reasonably safe tools or appliances. 

(b) The provisions of section 3 (a) shall not apply to actions 
to recover damages for personal injuries sustained by household or 
domestic servants, farm or other laborers engaged in agricultural pur¬ 
suits, or persons whose employment is of a casual nature. 

(c) Any employer who elects to pay compensation as provided in 
this Article shall not be subject to the provisions of Section 3 (a), nor 
shall such employer be subject to any other liability whatsoever for the 
death of or personal injury to any employe, except as in this Article 
provided; and, except as specifically provided in this Article, all causes 
of action, actions at law, suits in equity and proceedings whatsoever, 
and all statutory and common-law rights and remedies for and on ac¬ 
count of such death of, or personal injury to, any such employe are 
hereby abolished; provided, that Section 3 (a) shall not apply to any 
action brought by an employe who has elected not to come under the 
compensation provisions of this Article, or by his representatives, for 
damages for personal injuries or death against an employer who has 
elected to come under the compensation provisions of this Article. 

(d) When both the employer and the employe have elected to come 
under the compensation provisions of this Article, such compensation 
provisions shall be exclusive, and such election shall be held to be a 
surrender by such employer and such employe of their rights to any 
other method, form or kind of compensation, or determination thereof, 
or to any other compensation or kind of determination thereof, or cause • 
of action, action at law, suit in equity, or statutory or common-law 
right or remedy or proceeding whatsoever, for or on account of any 
personal injury to or death of such employe, except as such rights may 



Submitted to the Electors of Arizona, November 5, 1918. 


7 


be hereinafter specifically granted; and such election shall bind the 
employe himself, and in case of death, shall bind his personal represen¬ 
tative and all persons having any right or claim to compensation for 
his injury or death, as well as the employer, and those conducting his 
business during liquidation, bankruptcy or insolvency. 

(e) Where a public corporation is the employer, or any contractor 
engaged in the performance of contract work for such public corpora¬ 
tion the compensation provisions of this Article shall be exclusive, com¬ 
pulsory and obligatory upon both employer and employe. Any sums 
necessary to be paid under the provisions of this Article by any public 
corporation shall be considered to be ordinary and necessary expenses 
of such corporation, and the governing body of such public corporation 
shall make appropriation of and pay such sums into the Industrial 
Accident Fund at the time and in the manner provided for in this Article, 
notwithstanding that such governing body may have failed to anticipate 
such ordinary and necessary expense in any budget, estimate of ex¬ 
pense, appropriation, or ordinance or otherwise. 

(f) Every employer engaged in any of the industries, works, oc¬ 
cupations or employments in this Article specified as “hazardous,” may, 
on or before the first day of January, 1919, if such employer be then 
engaged in such hazardous industry, work, occupation or employment, 
or at any time thereafter, or, if such employer be not so engaged on 
said date, may on or after thirty days before entering upon such haz¬ 
ardous work, occupation or employment, or at any time thereafter, elect 
whether he will be bound by the compensation provisions of this article. 
Such election shall be in the form prescribed by the Board, and a notice 
of such election shall be posted in a conspicuous place in the place of 
business of such employer, and a copy of such notice, together with an 
affidavit of such posting shall be filed with the Board. 

(g) Every employe in the industries, works, occupations or em¬ 
ployments in this Article specified as “hazardous” shall become subject 
to and be bound by the compensation provisions of this Article, if the 
same shall have been adopted by his employer, unless such employe 
shall elect not to be bound by the compensation provisions of this 
article, and until such employe shall have made such election. Such 
election shall be made by written notice in the form prescribed by 
the Board, served upon the employer, and a copy filed with the Board, 
together with the proof of such service. 

(h) If the employer shall fail to make the election herein pro¬ 
vided for, at the time and in the manner herein prescribed, such em¬ 
ployer shall be conclusively presumed to have elected not to be bound 
by the compensation provisions of this article for that calendar year, 
unless such employer shall elect to become subject to or bound by 
the compensation provisions of this Article in the manner provided for 





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Pamphlet Containing Measures to Be 


such election in the first instance. After having elected once to be 
bound by the compensation provisions of this Article, such employer 
shall be bound by such election for said first calendar year and each 
succeeding calendar year, unless such employer shall, not less than 
thirty days, nor more than sixty days prior to the end of any calendar 
year, elect not to be bound by such compensation provision, after the 
expiration of such calendar year. Such election must be made in the 
manner provided for in reference to the first election of such employer 
under this Article. 

(i) It is the intention of this Article that any employer engaged 
in any hazardous occupation, as defined herein, shall, before being bound 
by the compensation provisions of this Article, elect to be so bound 
thereby, and that the employe shall be conclusively presumed to have 
elected to be subject to and bound by such compensation provisions, 
unless such employe shall affirmatively elect not to be bound by the 
compensation provisions of this Article. No election by an employe 
not to be bound by the compensation provisions of this Article shall be 
of any force of effect as to any injury or injuries occurring prior to 
such election. 

(j) Any employe who has elected not to be bound by the com¬ 
pensation provisions of this Article, in the manner herein provided, may 
revoke such election and elect to come thereunder at any time. Any 
employer who has failed to elect to be bound by the compensation pro¬ 
visions of this Article may, at any time during the calendar year, elect 
to be bound thereby, which said election shall be made as hereinbefore 
provided; but whenever any employer or employe shall have elected to 
come under the provisions hereof, such election, when it shall have 
been made, shall bind such employer and employe for the rest of the 
then calendar year. 

(k) No compensation shall be paid out of the Industrial Accident 
fund to any employe, whether such employe has elected to come under 
the compensation provisions of this Article or not, where his employer 
has failed to elect and has failed to come under such compensation 
provisions. 

Sec. 4. This Article is intended to apply to all hazardous works, oc¬ 
cupations and employments within this State, and it is the intention 
to embrace all thereof in Section 26 of this Article and the works and 
occupations enumerated in said Section 26 are hereby declared to be 
hazardous. 

Sec. 5. If there be or arise any hazardous work, occupation or 
employment other than those enumerated in Section 26 of this Article 
it shall come under this Article and its terms, conditions and provi¬ 
sions, as fully and completely as if therein enumerated. 



Submitted to the Electors of Arizona, November 5, 1918. 


9 


Sec. 6. Unless the context otherwise requires, words and phrases 
employed in this Article shall have the following meaning: 

(a) “Factories” means undertakings in which the business of work¬ 
ing at commodities is carried on with power-driven machinery, whether 
in manufacture, repair, or change, and shall include the premises, yards 
and plant of the concern. 

(b) “Work-shop” means any plant, yard, premises, room or place 
where power-driven machinery is employed and manual labor is exer¬ 
cised by way of trade or gain or otherwise, in or incidental to the 
process of making, altering, repairing, printing or ornamenting, finish¬ 
ing, or adapting for sale, or otherwise, any article or part of article, 
machinery, or thing, over which premises, room, or place the employer 
of the person working therein has the right of access or control. 

(c) ^‘Mill” means any plant, premises, room or place where ma¬ 
chinery is used for the purpose of changing, altering or repairing any 
article or commodity for sale, or otherwise, together with the yards 
and premises which are a part of the plant, including elevators, ware¬ 
houses, and bunkers. 

(d) “Mine” means and shall include any mine where coal, clay, 
ore, mineral, gypsum, or rock is dug or mined underground. 

(e) “Quarry” means an open cut from which coal or ore is mined, 
or clay, mineral, -gypsum, sand, shale, gravel or rock is cut or taken. 

(f) “Engineering work” means any work of construction, improve¬ 
ment, alteration or repair of buildings, streets, highways, sewers, street 
railways, railroads, logging roads, interurban roads, harbors, docks, 
canals; electric, steam or water power plants; telegraph and tele¬ 
phone plants and lines; electric light and power lines; and includes 
any other work for the construction, alteration or repair of which ma¬ 
chinery driven by mechanical power is used. 

(g) “Employer” means any person, firm, association, or corpo¬ 
ration and includes the state, counties, municipal corporations, cities 
under special charter and commission form of government, school dis¬ 
tricts, towns or villages, and independent contractors, and shall include 
the legal representative of a deceased employer. 

(h) “Employe” and “Workman” are used synonymously, and shall 
mean every person in this State, including a contractor other than an 
independent contractor, who, after January 1, 1919, is engaged in the 
employment of an employer carrying on or conducting any of the in¬ 
dustries classified in Section 26 of this Article, whether by way of man¬ 
ual labor or otherwise, or whether upon the premises or at the plant 



10 


Pamphlet Containing Measures to Be 


of such employer, or who is engaged in the course of his employment 
away from the plant of his employer; provided, however, 

1. If the injury to a workman occurring away from the plant of 
his employer is due to the negligence or wrong of another not in the 
same employ, the injured workman, or if death results from such injury, 
his beneficiaries or dependents, as the case may be, shall elect whether 
to take under this Article or seek a remedy against such other; such 
election shall be made in advance of the commencement of the action. 

2. If he takes under this Article, the cause of action against such 
other shall be assigned to the State for the benefit of the Industrial 
Accident Fund. 

3. Any such cause of action assigned to the State may be prose¬ 
cuted or compromised by the Board at its discretion. 

4. If such workman, his beneficiaries or dependents, as the case 
may be, shall elect to proceed against the person responsible for the 
injury, such election shall constitute a waiver of any right to compen¬ 
sation under the provisions of this Article. 

(i) “Injury” shall include death resulting from injury, but shall 
refer only to injury resulting from some fortuitous event, as distinguished 
from the contraction of disease. 

(j) “Beneficiary” means and shall include a surviving wife or 
husband until remarriage and a surviving child or children under the 
age of twenty-one years, and any invalid child or invalid children over 
the age of twenty-one years, or if no surviving wife or husband, then 
the surviving child or children under the age of twenty-one years, and 
any invalid child or children over the age of twenty-one years, in whom 
shall vest a right to receive compensation under this Article. 

(k) “Major dependent” means, if there be no beneficiaries as de¬ 
fined in Section 6 (j), the father and mother or the survivor of them, 
if actually dependent to any extent upon the decedent at the time of 
his injury. 

(l) “Minor dependent” means, if there be no beneficiary, as de¬ 
fined in Section 6 (j), and if there be no major dependent, as defined in 
Section 6 (k), the brothers and sisters, under the age of twenty-one 
years, if actually dependent upon the decedent at the time of his injury. 

(m) “Invalid” means one who is physically or mentally incapaci¬ 
tated. 

(n) “Child” includes a posthumous child, a step-child, a child 



Submitted to the Electors of Arizona, November 5, 1918. 


11 


adopted prior to the injury, an illegitimate child legitimatized prior to 
the injury. 

(o) Whenever the singular is used the plural shall be included, 
and whenever the plural is used the singular shall be included. 

(p) Whenever the masculine gender is used, the feminine and 
neuter shall be included. 

(q) The term “physician” shall include “surgeon,” and in either 
case shall mean one authorized by law to practice his profession in 
this State. 

(r) “Week” means six working days, but includes Sundays. 

(s) “Wages” means the daily wages being received by the em¬ 
ploye at the time of the injury for the usual hours of employment in a 
day, and overtime is not to be considered. 

(t) “Wife” or “widow” means only a wife or widow who was 
legally entitled to be supported by the deceased at the time of the injury. 

(u) “Husband” or “widower” means only a husband or widower 
who was incapable of supporting himself and was legally entitled to be 
supported by the deceased at the time of her injury. 

(v) “Board” means the Industrial Accident Board of the State of 
Arizona. 

(w) “Payroll,” “Annual Payroll” or “Annual Payroll for the Pre¬ 
ceding year” means the annual payroll of the employer for the preced¬ 
ing calendar year, or, if the employer shall not have operated a sufficient 
or any length of time during such calendar year, twelve times the aver¬ 
age monthly payroll for the current year; Provided, that an estimate 
may be made by the Board for any employer starting in business, such 
estimate to be adjusted by additional payment by the employer, or 
refund by the Board, as the case may actually be, on December 31 of 
such current years. 

(x) “Year,” unless otherwise specified, means calendar year. “Fiscal 
Year” means the period of time between the first day of July and the 
thirtieth day of the succeeding June. 

(y) “Public Corporation” means the State or any County, municipal 
corporation, school district, city, city under commission form of gov¬ 
ernment or special charter, or any town or village. 

(z) “Casual Employment” means employment not in the usual 
course of trade, business, profession or occupation of the employer. 

(aa) “Plant of the Employer” shall include the place of business 




12 


Pamphlet Containing Measures to Be 


of a third person while the employer has access to, or control over, 
such place of business for the purpose of carrying on his usual trade, 
business or occupation. 

(bb) “Independent Contractor” is one who renders services in 
the course of an occupation, representing the will of his employer only 
as to the result of his work, and not as to the means by which it is 
accomplished. 

Sec. 7. (a) In computing compensation to children and to 

brothers and sisters, only those under twenty-one years of age, or in¬ 
valid children, brothers or sisters, over the age of twenty-one years, 
shall be included, and, in the case of invalid children, brothers or sisters, 
only during the period in which they are under that disability, (within 
the maximum time limitations elsewhere in this Article provided), after 
which payment on account of such persons shall cease. Compensation 
to children or brothers or sisters (except invalids), shall cease when 
such persons reach the age of twenty-one years. 

(b) If any beneficiaries or major or minor dependents of a de¬ 
ceased employe die, the right of such beneficiary or major or minor 
dependent to compensation under this Article shall cease. 

Sec. 8. (a) Payment of compensation to a beneficiary not re¬ 

siding within the United States may be made to any plenipotentiary 
or consul or consular agent within the United States representing the 
country in which such non-resident beneficiary resides, and the written 
receipt of such plenipotentiary or consul or consular agent shall acquit 
the Board. 

(b) Where payment is due to a child under twenty-one years of 
age, or to a person adjudged incompetent, the same shall be made to 
the parent, or to the duly appointed guardian, as the case may be, and 
the written receipt of such parent or guardian shall acquit the Board. 
In other cases payment shall be made to the person entitled thereto 
or to his duly authorized representative. 

Sec. 9. (a) In case of personal injury or death, all claims shall 

be forever barred, unless presented within twelve months from the 
date of the happening of the accident. 

(b) No limitations of time, as provided in this Article, shall run 
as against any injured workman, beneficiary or major dependent who 
is mentally incompetent and without a guardian, or as against any in¬ 
jured workman, beneficiary or dependent under twenty-one years of 
age who may be without a parent or guardian. A guardian in either 
case may be appointed by any court of competent jurisdiction, in which 
event the period of limitation, as provided in Section 9 (a), shall begin 




Submitted to the Electors of Arizona, November 5,1918. 


13 


to run on the date of the appointment of such guardian, or when such 
minor arrives at the age of twenty-one years. 

Sec. 10. (a) Where any employer procures any work to be done, 

wholly or in part, for him by a contractor other than an independent 
contractor, and the work so procured to be done is a part or process in 
the trade or business of such employer, then such contractor and the 
workmen employed by him shall be entitled to compensation under this 
Article to the same extent as if such work were done without the in¬ 
tervention of such contractor; and the work so procured to be done 
shall not be construed to be casual employment. 

(b) Where any employer procures work to be done as specified 
in Section 10 (a), such contractor and his employes shall be presumed 
to have elected to come under the compensation provisions of this 
Article, if the same shall have been adopted by the employer, unless 
they shall have otherwise elected, as provided herein. 

(c) Where any employer procures any work to be done, wholly 
or in part, for him by a contractor, where the work so procured to be 
done is casual employment as to such employer, then such contractor 
shall become the employer for the purpose of this Article. 

(d) Where any employer procures any work to be done, payment 
for which is to be made in property other than money or its equivalent, 
and the value of which property is speculative or intangible, the wages 
of the employes receiving such compensation shall be determined by 
the Board in accordance with the going wages for the same or similar 
work in the district or locality where the same is to be performed. 

Sec. 11. (a) If an injured employe dies, and the injury was the 

proximate cause of such death, then the beneficiary or the major or 
minor dependents of the deceased, as the case may be, shall receive the 
same compensation as though the death had occurred immediately fol¬ 
lowing the injury, but the period during which the death benefit shall 
be ,paid shall be reduced by the period during or for which compensa¬ 
tion was paid for the injury. 

(b) If the employe shall die from some cause other than the in¬ 
jury, there shall be no liability for compensation after his death. 

(c) The question as to who constitutes a beneficiary or a major 
or minor dependent shall be determined as of the date of the happen¬ 
ing of the accident to the employe, whether death shall immediately re¬ 
sult therefrom or not. 

Sec. 12. (a) Whenever in case of injury the right to compensa¬ 

tion under this Article would exist in favor of any employe, he shall 
upon the written request of his employer, submit from time to time to 
examination by a physician, who shall be provided and paid for by such 



14 


Pamphlet Containing Measures to Be 


employer, and shall likewise submit to examination from time to time 
by any physician selected by the Board or any member or examiner or 
referee thereof. 

(b) The request or order for such examination shall fix a time 
and place therefor, due regard being had to the convenience of the 
employe, and his physical condition and ability to attend at the time 
and place fixed. The employe shall be entitled to have a physician, 
provided and paid for by himself, present at any such examination. So 
long as the employe, after such written request, shall fail or refuse to 
submit to such an examination, or shall in any way obstruct the same, 
his right to compensation shall be suspended. Any physician employed 
by the employer or the Board who shall make or be present at any such 
examination may be required to testify as to the results thereof. 

Sec. 13. (a) The employer shall promptly provide for an injured 

employe such necessary medical, surgical or other attendance or treat¬ 
ment, nurse and hospital service, medicines, crutches, and apparatus as 
the case may require, during sixty days after the injury. If the em¬ 
ployer fails to provide the same, the injured employe may do so at 
the expense of the employer. The employe shall not be entitled to 
recover of the employer any amount expended by him for such treat¬ 
ment or services, unless he shall have requested the employer to furnish 
the same and the employer shall have refused or neglected to do so. 
All fees and other charges for such treatment and services shall be 
subject to regulation by the Board, as provided in Section 13 (b), of this 
Article, and shall be limited to such charges as prevail in the same 
community for similar treatment of injured persons of a like standard 
of living. 

(b) The employer shall be reimbursed out of the Industrial Acci¬ 
dent Fund for services or treatment rendered or supplies furnished 
pursuant to Section 13 (a), of this Article but no claim for such reim¬ 
bursement shall be enforcible unless approved by the Board. If so 
approved, such claim or claims shall be paid in the manner fixed by 
the Board. 

Sec. 14. Nothing in this Article shall be construed as preventing 
employers and workmen from waiving the provisions of Section 13 (a) 
of this Article, and entering into mutual contracts or agreements pro¬ 
viding for medical attention or hospital benefits and accommodations 
to be furnished to the employe. 

Sec. 15. (a) Where the employer of the injured employe has be¬ 

come bound by and subject to the compensation provisions of this 
Article, the Industrial Accident Fund hereinafter provided for shall be 
liable for the payment of compensation in the manner and to the extent 
hereinafter prdvided to an employe who is subject to the compensa¬ 
tion provisions of this Article, and who shall receive an injury arising 



Submitted to the Electors of Arizona, November 5, 1918. 


15 


out of and in the course of his employment, or, in the case of his death 
from such injury, to his beneficiaries, if any, or, if none, to his major 
dependents, if any, or, if none, to his minor dependents, if any. 


(b) Except as otherwise provided in this Article, the daily wages 
or the injured employe, at the time of the injury, shall be taken as the 
basis upon which to compute compensation or death benefits. 

(c) For an injury producing total disability, sixty-six and two- 
thirds per centum of the daily wages at the time of the injury shall be 
paid during the period of such disability except as provided in Section 
15 (g) of this Article. 

(d) For an injury producing partial disability except in particular 
cases mentioned in Section 15 (i) of this Article, sixty-six and two- 
thirds per centum of the difference between the daily wages at the 
time of the injury and his daily earning capacity thereafter in the same 
employment or otherwise, shall be paid during the period of such 
disability, subject, however, to reconsideration of the degree of such 
impairment, by the Board on its own motion, or on application of any 
party interested. 

(e) Where the injury causes death, sixty-six and two-thirds per 
centum of the daily wage at the time of the injury shall be paid to his 
beneficiary, if any, or, if none, then fifty per centum of the daily wages 
at the time of the injury shall be paid to his major dependents, if any, 
or, if none, then forty per centum of the daily wages at the time of 
the injury shall be paid to his minor dependents, if any, such payments 
in either case to be made for a period of nineteen hundred days but in 
no case to be less than three thousand dollars or more than eight 
thousand dollars 

(f) There shall be paid, in addition to other compensation, if death 
occurs within six months of the happening of the injury and as a result 
thereof, the reasonable burial expenses of the employe, not exceeding 
one hundred and twenty-five dollars. If the employe leaves no bene¬ 
ficiaries or major or minor dependents, this shall be the only compen¬ 
sation. 

.(g) Except as required by the provisions of Section 13 (a) of this 
Article, no compensation shall be paid for any injury unless the period 
of disability resulting therefrom exceeds seven days. 

(h) Compensation due to beneficiaries shall be paid to the surviv¬ 
ing spouse, if any, until his or her remarriage, or, if there be no sur¬ 
viving spouse, or if the surviving spouse remarry, then such compen 
sation shall be divided equally among or for the benefit of the children. 




16 


Pamphlet Containing Measures to Be 


Compensation due to major dependents, where there be more than one, 
shall be divided equally among them. 

(i) In case of the following specified injuries, the compensation, 
in lieu of any other compensation provided in this Article other than 
that provided in Section 13 (a), shall be sixty-six and two-thirds per 
centum of the daily wages at the time of the injury, and shall be paid 
for the following periods: 

For the loss of: 

One arm above the elbow.1850 days 

One hand or the arm between wrist and elbow.1480 days 

One thumb and the metacarpal bone thereof... 360 days 

One thumb at the proximal joint. 270 days 

One thumb at the second distal joint. 180 days 

One first finger and the metacarpal bone thereof. 270 days 

One first finger at the proximal joint. 180 days 

One first finger at the second joint. 135 days 

One first finger at the distal joint... 90 days 

One second finger and the metacarpal bone thereof. 270 days 

One second finger at the proximal joint. 135 days 

One second finger at the second joint. 90 days 

One second finger at the distal joint. 45 days 

One third finger and the metacarpal bone thereof. 180 days 

One third finger at the proximal joint..,. 108 days 

One third finger at the second joint. 72 days 

One third finger at the distal joint.:. 36 days 

One fourth finger and the metacarpal bone thereof. 108 days 

One fourth finger at the proximal joint. 81 days 

One fourth finger at the second joint...:. 54 days 

One fourth finger at the distal joint. 27 days 

One leg above the knee.1740 days 

One foot or the leg between ankle and knee.1250 days 

One great toe with metatarsal bone thereof. 270 days 

One great toe at the proximal joint. 135 days 

One great toe at the second joint. 90 days 

One toe other than the great toe with the metatarsal bone 

thereof . 108 days 

One toe other than the great toe at proximal joint. 54 days 

One toe other than the great toe at second or distal joint. 27 days 

One eye by enucleation. 780 days 

Total blindness of one eye. 700 days 

The loss of both hands, or both arms, or both feet, or both legs, or 
both eyes, or any two thereof, in the absence of conclusive proof to 
the contrary, shall constitute total disability. For facial or other perm¬ 
anent disfigurement, the Board may allow such compensation as it may 


































Submitted to the Electors of Arizona, November 5, 1918. 


17 


deem just, not exceeding sixty-six and two-thirds per centum of the 
daily wages for a period not exceeding six hundred days. 

(j) For the purpose of Section 15 (i), the complete paralysis of 
an arm, hand, foot, or leg shall be considered the loss of such mem¬ 
ber. For the purpose of Section 15 (i), the complete paralysis of both 
arms, both hands, both feet or both legs, or any two of them, shall 
be considered the loss of such members. 

(k) A workman, in order to be entitled to compensation for hernia, 
must clearly prove; (1) that the hernia is of recent origin, (2) that 
its appearance was accompanied by pain, (3) that it was immediately 
preceded by some accidental strain suffered in the course of employ¬ 
ment, and, (4) that it did not exist prior to the date of the alleged 
injury. If a workman, after establishing his right to compensation for 
hernia as above provided, elects to be operated upon, a special fee of 
not to exceed one hundred dollars shall be paid by the Board. In case 
such workman elects not to be operated upon, and the hernia becomes 
strangulated in the future, the results from such strangulation will not 
be compensated. 

(l) Should a further accident occur to a workman who is already 
receiving compensation hereunder, or who has been previously the re¬ 
cipient of a payment or payments of compensation under this Article, 
his further compensation shall be adjusted according to the other 
provisions of this Article, and with regard to the combined effects of 
his injuries and his past receipt of compensation. 

(m) If aggravation, dimunition or termination of disability takes 
place, or be discovered, after the rate of compensation shall have been 
established, or compensation terminated in any case where the maxi¬ 
mum payments for disabilities as provided in this Article have not been 
reached, such changes may be adjusted for future application of com¬ 
pensation in accordance with the provisions hereof, or, in a proper case, 
terminate the payments. In case of aggravation of any disease existing 
prior to any injury, compensation shall be allowed for such proportion 
of the disability due to aggravation of such prior disease as may reason¬ 
ably be attributed to the injury. 

(n) All payments of compensation, as provided in this Article, shall 
be made semi-monthly, except as otherwise provided herein. 

(o) The semi-monthly payments provided for in this Article may 
be converted, in whole, or in part, into a lump-sum payment, which 
lump-sum payment shall not exceed the estimated value of the present 
worth of the deferred payments capitalized at the rate of five per centum 
per annum. Such conversion can only be made upon the written ap¬ 
plication of the injured workman, his beneficiary, or major or minor 
dependents, as the case may be, and shall rest in the discretion of the 




18 


Pamphlet Containing Measures to Be 


Board, both as to the amount of such lump-sum payment and as to 
the advisability of such conversion. 

Sec. 16. (a) No payment of compensation due under this article 

shall be assignable, subject to attachment or garnishment, or be held 
liable in any way for any debts. 

(b) In case of bankruptcy, insolvency, liquidation, or the failure 
of an employer to meet any obligations imposed by this Article, every 
liability which may be due under this Article shall constitute a first 
lien upon any deposit made by any such employer, and if such deposit 
shall not be sufficient to secure the payment of such liability in the 
manner and at the times provided for in this Article, the deficiency 
shall be a lien upon the property of such employer within this State, 
and shall be pro-rated with other lienable claims, and shall have prefer¬ 
ence over the claim of any creditor or creditors of such employer ex¬ 
cept the claims of other lienors. 

(c) Except as provided in Section 14 of this Article, no agreement 
by an employe to waive any rights under this Article for an injury to 
be received shall be valid. 

(d) Any employer who shall wilfully misrepresent to the Board 
the amount of a payroll upon which the premiums or assessments to 
be levied, as elsewhere provided in this Article, are based, shall be 
liable to the State in ten times the amount of difference between the 
amount paid and the amount which should have been paid. Such lia¬ 
bility may be recovered in a civil action brought in the name of the 
State. All sums collected under this Section shall be paid into the 
fund to which the original payments were or should have been credited. 

(e) No claims to recover compensation under this Article for 
injuries not resulting in death shall be maintained, unless, within sixty 
days after the occurrence of the accident which is claimed to have 
caused the injury, notice in writing, stating the name and address of 
the person injured, the time and place where the accident occurred, 
and the nature of the injury, and signed by the person injured, or some¬ 
one in his behalf, shall be served upon the employer: Provided, how¬ 
ever, that actual knowledge of such accident and injury on the part of 
such employer or his managing agent or superintendent in charge of 
the work upon which the injured employe was engaged at the time of 
the injury shall be equivalent to such service. 

(f) Every employer who elects to come under the compensation 
provisions of this Article is hereby required to file with the Board, 
under such rules and regulations as the Board may from time to time 
make, a full and complete report of every accident to an employe aris¬ 
ing out of or in the course of his employment, and resulting in loss of 
life or injury to such person. Such reports shall be furnished to the 



Submitted to the Electors of Arizona, November 5, 1918. 


19 


Board in such form and such detail as the Board shall from time to 
time prescribe, and shall make specific answer to all questions required 
by the Board under its rules and regulations, except, in case he is un¬ 
able to answer any such questions, a good and sufficient reason shall 
be given for such failure. 

(g) No information furnished to the Board by an employer shall 
be open to public inspection, or to be made public, except on order of 
the Board, or by the Board, or a member of the Board, in the course 
of a hearing or proceeding. Any officer or employe of the Board 
who, in violation of the provisions of this Section, divulges any infor¬ 
mation shall be guilty of a misdemeanor. 

(h) Whenever it is necessary to estimate the sum of money to 

be set aside as a reserve in any case, the American Experience Table of 
Mortality shall be used. * 

(i) It shall be unlawful for the employer to deduct or obtain 
any part of any premium required to be paid by this Article* from the 
wages or earnings of his workmen, or any of them, and the making 
or attempt to make any such deduction shall he a misdemeanor, except 
that nothing in this Section shall be construed as prohibiting payments 
or deductions for medical attention or hospital benefits and accommo¬ 
dations under a contract or agreement as provided in Section 14 of 
this Article. 

Sec. 17. (a) All hearings and investigations before the Board., or 

any member thereof, shall be governed by this Article, and by rules of 
practice and procedure to be adopted by the Board, and in the conduct 
thereof neither the Board nor any member shall be bound by the technical 
rules of evidence. No informality in any proceedings or in the man¬ 
ner of taking testimony shall invalidate any order, decision, award, 

rule or regulation made, approved or confirmed by the Board. 

(b) The Board, or any member thereof, or any party to the action 

or proceeding may, in any investigation or hearing before the Board, 
cause the deposition of witnesses residing within or without the State 
to be taken in the manner prescribed by law for like depositions in 

civil actions in the Superior courts of this State, and to that end may 

compel the attendance of witnesses and the production of books, docu¬ 
ments, papers and accounts. 

(c) The Board is hereby vested with full power, authority, and 

jurisdiction to do and perform any and all things, whether herein 

specifically designated or in addition thereto, which are necessary or 
convenient in the exercise of any power, authority, or jurisdiction con¬ 
ferred upon it under this Article. 

(d) The Board and each member thereof shall have power to 



20 


Pamphlet Containing Measures to Be 


issue writs of summons, warrants of attachment, warrants of commit¬ 
ment, and all necessary process in proceedings for contempt in like 
manner and to the same extent as courts of record. The process issued 
by the Board, or any member thereof, shall extend to all parts of the 
State and may be served by any person authorized to serve process of 
courts of record, or by any person designated for that purpose by the 
Board, or any member thereof. 

The person executing any such process shall receive such com¬ 
pensation as may be allowed by the Board, not to exceed the fees now 
prescribed by law for similar service and such fees shall be paid in the 
same manner as provided herein for fees of witnesses. 

(e) The Board and each member thereof, its Secretary and refer¬ 
ees, shall have the power to administer oaths, certify to all official acts, 
and to issue subpoenas for the attendance of witnesses, and the pro¬ 
duction of papers, books, accounts, documents, and testimony in any 
inquiry, investigation, hearing or proceeding in any part of the State. 
Each witness who shall appear by order of the Board, or any member 
thereof, shall be entitled to receive, if demanded, for his attendance 
the same fees and mileage allowed by law to a witness in civil cases in 
the Superior court, which amount shall be paid by the party at whose 
request such witness is subpoenaed, unless otherwise ordered by the 
Board. When any witness who has not been required to attend at the 
request of any party is subpoenaed by the Board his fees and mileage 
may be paid from the funds appropriated for the use of the Board in 
the same manner as other expenses of the Board are paid. Any 
witness subpoenaed, except one whose fees and mileage may be paid 
from the funds of the Board, may at the time of service demand* the fee 
to which he is entitled for travel to and from the place at which he 
is required to appear, and one day’s attendance. If such witness de¬ 
mands such fees at the time of service and they are not at that time 
paid or tendered, he shall not be required to attend before the Board, 
or a member thereof, or referee, as directed in the subpoena. 

(f) The Superior court in and for the county in which any inquiry, 
investigation, hearing, or proceeding may be held by the Board, or 
any member thereof, shall have the power to compel the attendance of 
witnesses, the giving of testimony, and the production of papers, books, 
accounts, and documents as required by any subpoena issued by the 
Board or any member thereof. The Board, or any member thereof, 
before whom the testimony is to be given or produced, in case of the 
refusal of any witness to attend or testify or produce any papers re¬ 
quired by such subpoena, may report to the Superior court in and for 
the county, in which the proceeding is pending, by petition, setting forth 
that due notice has been given of the time and place fixed for the at¬ 
tendance of said witness or the production of said papers, and that the 




Submitted to the Electors of Arizona, November 5, 1918. 


21 


witness has been summoned in the manner prescribed in this Article, 
and th.at the witness has failed and refused to attend, or produce the 
papers required by the subpoena before the Board, or any member 
thereof, in the case or proceeding named in the notice and subpoena, 
or has refused to answer questions propounded to him in the course 
of such proceedings, and ask an order of said court compelling the said 
witness to attend and testify or produce said papers before the Board. 
The Court, under the petition of the Board, or any member of the 
Board, shall enter an order directing the witness to appear before the 
court at the time and place to be fixed by the court in such order not 
more than ten days from the date of the order, and then and there 
show cause why he had not attended or testified or produced such papers 
before the Board. A copy of said order shall be served upon said wit¬ 
ness. If it shall appear to the court that said subpoena was regularly 
issued by the Board or a member thereof, and regularly served, the 
court shall thereupon enter an order that said witness appear at the 
time and place fixed in said order and testify or produce the required 
papers, and upon failure to obey said order, said witness shall be dealt 
with as for contempt of court. The remedy provided in this Section 
is cumulative and shall not be construed to impair or interfere with 
the power of the Board, or a member thereof, to enforce the attend¬ 
ance of witnesses and the production of papers and to punish for con¬ 
tempt in the same manner and to the same extent as courts of record. 


(g) Copies of official documents and orders filed or deposited ac¬ 
cording to law in the office of the Board, certified by a member of the 
Board or by the Secretary under the official seal of the Board to be 
true copies of the original, shall be evidence in like manner as the 
originals. 

(h) The costs and disbursements, incurred in any proceeding or 
hearing before the Board, or a member thereof, may be apportioned 
between the parties on the same or adverse sides in the discretion of 
the Board. 

Sec. 18. The books, records and payrolls of any employer who 
shall elect to come under the compensation provisions of this Article 
shall, in so far as they may be pertinent to the administration of this 
Article, be open to inspection by the Board or any duly authorized 
employe thereof, for the purpose of ascertaining the correctness of the 
payroll, the number of men employed, and such other information as 
may be necessary for the Board and its management under this article. 
Refusal on the part of the employer to submit said books, records and 
payrolls for such inspection shall subject the offending employer to 
a penalty of one hundred dollars for each offense, to be collected by 
civil action in the name of the State, and paid into the State Treasury. 




22 


Pamphlet Containing Measures to Be 


Sec. 19 (a) All proceedings to determine disputes or controvers¬ 

ies arising under this Article shall be instituted before the Board and 
not elsewhere, and heard and determined by them, except as otherwise 
in this Article provided, and the Board is hereby vested with full power, 
authority and jurisdiction to try and finally determine all such matters, 
subject only to review in the manner and within the time in this Article 
provided. 

(b) All orders, rules and regulations, findings, decisions and awards 
of the Board in conformity with law shall be in force and shall be 
prima facie lawful; and all such orders, rules and regulations, findings, 
decisions and awards shall be conclusively presumed to be reasonable 
and lawful, until and unless they are modified or set aside by the Board 
or upon review. 

(c) After a final hearing by the Board it shall, within thirty days, 
make and file its findings upon all facts involved in the controversy 
and its award, which shall state its determination as to the right of 
the parties. 

(d) The Board in its award shall fix and determine the amount 
of compensation to be paid, and order payment thereof in the same 
manner as in case of undisputed awards. 

(e) If in any proceeding it is proved that an accident has happened 
for which the employe would be entitled to compensation if disability 
has resulted, but it is not proved that any disability has resulted, the 
Board shall dismiss the application, but without prejudice to the right 
of the employe to make further application for compensation, in case 
disability should result from such accident at a future time. 

(f) The Board shall have continuing jurisdiction over all its or¬ 
ders, decisions and awards, and may at any time, upon notice and after 
opportunity to be heard is given to the parties in interest, rescind 
alter or amend any such order, decision or award made by it upon 
good cause appearing therefor. Any order, decision or award rescind¬ 
ing, altering or amending a prior order, decision or award shall have 
the same effect as the original order or award. 

(g) A full and complete record shall be kept of all proceedings 
and hearings had before the Board, or any member thereof, of any 
formal hearing had, and all testimony produced before the Board, or 
any member thereof, shall be taken down by a stenographic reporter 
appointed by the Board, and the parties shall be entitled to be heard 
in person or by attorney. In cases of an action to review any order or 
decision of the Board, a transcript of such testimony, together with 
all exhibits, and of the pleadings, records and proceedings in the cause 
shall constitute the record of the Board. 



Submitted to the Electors of Arizona, November 5, 1918. 


23 


(h) No orders or decisions of the Board shall be subject to 
collateral attack, and may be reviewed or modified only in the manner 
provided herein. 

Sec. 20. (a) At any time within twenty days after the service of 

any order or decision of the Board any party or parties aggrieved thereby 
may apply for a rehearing upon one or more of the following grounds 
and upon no other grounds: 

1. That the Board acted without or in excess of its powers. 

2. That the order, decision or award was procured by fraud. 

3. That the evidence does not justify the findings. 

4. That the applicant has discovered new evidence, material to 
him, and which he could not, with reasonable diligence, have 
discovered and produced at the hearing. 

5. That the findings do not support the order, decision or award. 

6. That the order, decision or award is unreasonable. 

(b) Nothing contained in Section 20 (a) shall, however, be con¬ 
strued to limit the right of the Board, at any time, after the date of its 
award, and from time to time after due notice and upon the application 
cf any party interested, to review, diminish or increase within the 
limits provided by this Article any compensation awarded upon the 
grounds that the disability of the person in whose favor award was 
made has either increased or diminished or terminated. 

(c) The application for rehearing shall set forth specifically, and 
in full detail the grounds upon which the applicant considers said 
order, decision, award, rule or regulation to be unjust or unlawful and 
shall in other respects conform to such rules and regulations as the 
Board may prescribe. 

(d) The Board shall have full power and authority to make and 
prescribe rules to govern the procedure upon rehearing, and any matters 
before it and any order made after such rehearing abrogating or chang¬ 
ing the original order shall have the same force and effect as an 
original order, and shall not affect any right or enforcement of any 
right arising from or by virtue of the original order. 

(e) An application for rehearing on the appeal hereinafter pro¬ 
vided shall not excuse any employer, employe or other person from 
complying with or obeying any order or requirement of the Board or 
operate in any manner to stay or postpone the enforcement of any 
order or requirement thereof, except as the Board or the court may 
direct. 

Sec. 21. (a) Within thirty days after the application for a re¬ 

hearing is denied, or, if the application is granted, within thirty days 



24 


Pamphlet Containing Measures to Be 


after the rendition ot the decision on the rehearing, and within twenty 
days after notice thereof, any party affected thereby may appeal to 
the Superior court of the County in the State of Arizona, wherein the 
employer may have his place of residence, or if such employer be a 
corporation may have its principal office or place of business, or if 
said appeal be prosecuted by an injured workman or his dependents, such 
appeal may be taken to the Superior court of the county within which 
such workman was injured, which said appeal shall be for the purpose 
of having the lawfulness or reasonableness of the original order, de¬ 
cision or award, or the order, decision or award on rehearing, inquired 
into and determined. 

(b) Said appeal shall be taken by serving a written notice of 
said appeal upon the Chairman of such Industrial Accident Board, or 
upon any member thereof, which said service shall be made by the 
delivery of a copy of such notice to such Chairman or member, and 
filing the original with the clerk of the court to which said appeal is 
taken. A copy of such notice must also be served upon the adverse 
party, if there be any, by mailing the same to said adverse party to 
such address of such party as said party shall have left with the Board. 
If such party shall have left no address with the Board, then no ser¬ 
vice upon said party shall be required. The order of filing and service 
of said notice is immaterial. Immediately upon service upon said Board 
of said notice the said Board shall certify to said Superior Court the 
entire record and proceedings, including all testimony and evidence 
taken by said Board, with the Clerk of said Superior Court. 

Immediately upon the return of such certified record the Superior 
Court shall fix a date for the hearing of said cause, and shall cause 
notice to be served upon the Board, and upon the appellant, and also 
upon the adverse party, if there be any. The court may upon the hear¬ 
ing, for good cause shown, permit additional evidence to be intro¬ 
duced, but in the absence of such permission from the court the cause 
shall be heard on the record of the Board as certified to the court by 
it. The trial of the matter shall be de novo, and upon such trial the 
court shall determine whether or not the Board regularly pursued its 
authority, and whether or not the findings of the Board ought to be 
sustained, and whether or not such findings are reasonable under all 
the circumstances of the cause. 

(c) The Board and each party to the action of proceeding before 
the Board shall have the right to appear in the proceeding, and it 
shall be the duty of the Board to so appear. If the court shall find 
from such trial as aforesaid that the findings and conclusions of the 
Board are not in accordance with either the facts or the law, or that 
they ought to be other or different than those made by the Board, or 
that any finding and conclusion or anv order, rule or requirement of 



Submitted to the Electors of Arizona, November 5, 1918. 


25 


the Board is unreasonable, the court shall set aside such finding, con- 
Cjusion, order, judgment, decree, rule or requirement of said Board, or 
shall modify or change the same as law and justice shall require, and 
the court shall also make and enter any finding, conclusion, order or 
judgment that shall be required or shall be legal and proper in the 
premises. 

(d) Either the Board or the appellant or any adverse party, if 
there be one, may appeal to the Supreme court of the State of Arizona 
from any final order, judgment or decree of said Superior court, which 
said appeal shall be taken in like manner as appeals are now taken in 
other civil actions to the said Supreme court, and upon such appeal 
the said Supreme court shall make such orders in reference to a stay 
of proceedings as it finds to be jusft in the premises, and may stay the 
operation of any order, judgment or decree of said Superior court 
without requiring any bond or undertaking from the applicant for such 
stay. When any such cause is so appealed it shall have precedence 
upon the calendar of the said Supreme court, and shall be beard and 
determined by said Supreme court upon the record made in said Su¬ 
perior court and before said Board, and judgment and decree shall be 
entered therein as expeditiously as possible. 

Sec. 22. (a) The Legislature of the State of Arizona shall from 

time to time appropriate such sums as may be necessary to pay the 
salaries, traveling and office expenses of the Board and all other ex¬ 
penses incident to the administration of this Article and to the carry¬ 
ing out of its provisions, and the State Auditor shall, on the order or 
orders of the Industrial Accident Board, draw warrants on the general 
fund for the sums so appropriated which warrants shall be paid by the 
State Treasurer out of the general fund, and until and unless the Leg¬ 
islature makes appropriation or appropriations as above provided the 
Auditor shall, on orders issued by the Industrial Accident Board, draw 
warrants on the general fund for all sums which the said Board may 
deem necessary to carry out the provisions of this Article and to put 
and keep it in full force and effect, which warrants shall be paid by the 
State Treasurer out of the general fund. 

(b) All compensation provided for in this Article shall be paid out 
of the Industrial Accident Fund provided for in this Article. 

Sec. 23. (a) Whenever this Article, or any part or Section thereof, 

is interpreted by a court, it shall be liberally construed by such court. 

(b) If any Section, subsection, subdivision, sentence, clause, para¬ 
graph or phrase of this Article is for any reason held to be unconstitu¬ 
tional or void, such decision shall not affect the validity of the remain¬ 
ing portions of this' Article, so long as sufficient remains of the Article 



26 


Pamphlet Containing Measures to Be 


to render the same operative and reasonably effective for carrying out 
the main purpose and intention thereof. 

(c) The moneys coming into the Industrial Accident Fund shall 
be held in trust for the purpose for which such fund is created, and if 
this Article shall be hereafter abrogated, such moneys shall be sub¬ 
ject to such disposition as may be provided therefor by law. 

(d) This Article shall not affect any action pending or any cause 
of action existing on the 31st day of December, 1918. 

Sec. 24. The Board shall, not later than the first day of April 
of each year, make a report to the Governor covering its entire oper¬ 
ations and proceedings for the preceding calendar year, with such 
suggestions or recommendations as it may deem of value for public 
information. A reasonable number of copies of such report shall be 
printed for general distribution. 

Sec. 25. (a) There is hereby created a fund to be known as the 

“Industrial Accident Fund” for the purpose of assuring to the persons 
entitled thereto the compensation provided by this Article. Such fund 
shall consist of all premiums received and paid into the fund, all prop¬ 
erty and securities acquired by and through the use of moneys belong¬ 
ing to the fund, all interest earned upon moneys belonging to the 
fund and deposited or invested as in this Article provided, and all other 
moneys and property acquired by the fund in any way. Such fund shall 
be administered by the Board, without liability on the part of the State 
beyond the amount of such fund. 

(b) The Treasurer of the Board shall be the custodian of the In¬ 
dustrial Accident Fund, and all disbursements therefrom shall be paid 
by him upon vouchers authorized by the Board and signed by any two 
members thereof. The Treasurer of the Board may deposit any por¬ 
tion of said fund, not needed for immediate use, in the manner and 
subject to all the provisions of law respecting the deposit of other state 
funds. 

Sec. 26. (a) Every employer who shall have elected to become 

subject to and bound by the compensation provisions of this Article 
shall, in the manner and at the times hereinafter specified, pay into the 
Industrial Accident Fund an annual premium which shall be a sum 
equal to the percentage of his total annual payroll specified in this 
Section. 

All such employers are classified in this Section, according to the 
respective industries, trades, works, and occupations carried on by them. 
Said classes and the percentage of their total annual payrolls to be 
paid as premiums by employers belonging to said classes are as follows: 



Submitted to the Electors of Arizona, November 5, 1918. 


27 


Class one—Broom or brush manufacturing, without sawmill; theatre 
stage employes; moving picture operators; electrotyping; engraving; 
lithographing; photo-engraving; stereotyping; embossing; book¬ 
binding; printing; jewelry manufacturing not otherwise specified; 
sixty-five one-hundredths of one per centum. 

Class two—Cloth, textile, and wool manufacturing, not otherwise 
specified; wharf employes, other than stevedores and longshoremen; 
eight-tenths of one per centum. 

Class three—Manufacturing, drugs, other than ammonia, candy, 
crackers, saddles, harness, leather novelties, mattresses, not including 
spring or wire, paint, varnish, wagons, buggies, carriages, sleighs, cut¬ 
ters; operation of tugs and steamboats; manufacturing roofing paper 
and articles of paper not otherwise specified; paper boxes; automobiles; 
motor trucks; hardware; working in rubber, not otherwise specified; 
manufacturing boots and shoes; manufacturing articles of and work¬ 
ing in leather not otherwise specified; one and three-tenths per centum. 

Class four—Manufacturing cheese, condensed milk; operating 
creameries, manufacturing spices and condiments; paper hanging; 
kalsomining; white-washing; making willow baskets; setting tiles, 
mantels and marble works, inside work only; making grease, lard, soap, 
tallow; inside plumbing work; installing heating systems; painting and 
decorating, inside work only; metal ceiling work; one and four-tenths 
per centum. 

Class five—Manufacturing glass, operating bottling works, grain 
warehouses, grain elevators; manufacturing articles of brass, copper, 
lead and zinc; operating machine shops, not otherwise specified; 
lathing, plastering; canneries of meat, vegetables or fish, not includ¬ 
ing can manufacturing; cutting stone or paving blocks, other than in 
quarries, with or without machinery; installing electrical apparatus in¬ 
side; installing fire alarm apparatus inside; covering boilers or steam 
pipes, concrete laying in floors, street paving, or sidewalks, not other¬ 
wise specified; laying asphalt and other paving not otherwise speci¬ 
fied; including shop and yard; manufacturing canoes and row boats; 
well drilling, constructing and repairing of paving of bricks or blocks; 
carpenters not otherwise specified; one and five-tenths per centum. 

Class six—Operating of laundries with power, dyeing, bleaching and 
cleaning works; manufacturing of furniture, show cases, office and 
store furniture and fixtures; cabinet making; manufacturing of wire 
mattresses, bed springs, wooden coffins, caskets, rough wood in boxes 
for coffins; building hot-houses, working in foodstuffs, fruits, edible 
oils or vegetables, not otherwise classified; operating flour mills, chop 
mills, feed mills; one and six-tenths per centum. 




28 


Pamphlet Containing Measures to Be 


Class seven—Manufacturing wood fibre ware; installing automatic 
sprinklers or ventilating systems; setting glass; erecting fire-proof 
doors and shutters inside of buildings; operating tanneries, sugar fac¬ 
tories; beveling glass, manufacturing peat fuel; building wooden stairs; 
manufacturing brick, including kilns and buildings and digging in pits, 
briquettes; brooms with sawmills; manufacturing earthenware, fire 
clay, porcelain ware, pottery, tile, terra cotta; brush making with 
sawmills; one and eight-tenths per centum. 

Class eight—Manufacturing of ammonia; operating waterworks, 
gas works; grading, either of streets or otherwise, or road making, 
without blasting; construction of plank roads, plank streets or plank 
sidewalks; operating creosoting works, pile treating works, treating ties 
or other timber products; plumbing, both at and away from the shop, 
including house connections, without blasting; construction of water¬ 
works, gas works and coke oven, including laying of mains and connec¬ 
tions, without blasting; one and nine-tenths per centum. 

Class nine—Manufacturing artificial ice; operating refrigerator 
plants, cold storage plants, foundries, packing houses, including slaughter¬ 
ing; manufacturing agricultural implements, threshing machinery, 
traction engines, harvesting machinery, manufacturing asphalt; oper¬ 
ating steam heating and power plants; manufacturing gas or gasoline 
engines; operating ferries; stone crushing, not at quarries, boat or 
ship building, other than canoes or row boats, without scaffolds; lay¬ 
ing hot flooring composition, not otherwise specified; operating stock¬ 
yards; two per centum. 

Class ten—Operating paper mills, pulp mills; long shoring; steve¬ 
doring; manufacturing fertilizers; operating garbage works; inciner¬ 
ators, crematories, lime kilns or burners; installing boilers, steam en¬ 
gines, dynamos, machinery, not otherwise specified; putting up belts 
for machinery; manufacturing barrels, kegs, pails, staves, tubs, ex¬ 
celsior, veneer, packing cases, sash, doors and blinds; operating and 
maintenance of interurban railways without third rail; concentrating 
and amalgamating of ores; two and two-tenths per centum. 

Class eleven—Millwrighting, not otherwise specified; manufacturing 
building material, not otherwise specified; working in building material, 
not otherwise specified; two and one-quarter per centum. 

Class twelve—Operating of smelters; manufacturing of metallic 
coffins; manufacturing of iron and steel; boat or ship rigging; plan¬ 
ing mills, independent; cement manufacturing; operating blast fur¬ 
naces; two and three-tenths per centum. 

Class thirteen—Street or road making, with blasting; manufactur¬ 
ing wood baskets, window and door screens, cordage and rope; manu- 



Submitted to the Electors of Arizona, November 5, 1918. 


29 


facturing and refining oils; placing wires in conduits; two and four- 
tenths per centum. 

Class fourteen—Operation of and work in mines other than coal; 
operating gravel bunkers; operating gravel pits; hauling gravel; op¬ 
erating wood saws; operating sawmills, lath mills, bridgework fac¬ 
tories; woodworking, not otherwise specified; operating boiler works; 
making steam shovels; boilers; shipwrighting; painting, exterior work; 
operating boiler works; two and five-tenths per centum. 

Class fifteen—Operating rolling mills, manufacturing tanks, not 
otherwise specified; erecting and repairing advertising signs; harvest¬ 
ing and storing of ice, including loading on cars; making and repair¬ 
ing of locomotives and railroad cars; cutting stone at stone yards con¬ 
nected with quarries; boat or ship building with scaffolds; logging 
operations, with or without machinery; booming or driving logs, ties, 
or other timber products; operating shingle mills; operating quarries; 
two and three-quarter per centum. 

Class sixteen—Operating dredges; construction of telephone and 
telegraph systems; construction of dams and reservoirs, electric light 
and power plants, waterworks, and water systems; installing furnaces; 
constructing blast furnaces; sewer building, maximum depth of excava¬ 
tion at any point seven feet; operation and maintenance of steam rail¬ 
ways, including logging railways; operating coal mines; three per 
centum. 

Class seventeen—Operating dry docks, including floating dry docks; 
ornamental metal work within buildings; electric railway construction, 
without rock work or blasting; railroad construction, including street 
and cable railways, without rock work or blasting; building canals, 
without rock work or blasting; installing freight or passenger elevators; 
operation of telephone and telegraph systems; making dredges; con¬ 
structing dry docks; three and one-quarter per centum. 

Class eighteen—Constructing grain elevators, not metal framed; 
stump pulling with donkey engines; steam, electric, and cable railway 
construction, with rock work or blasting; operation and maintenance 
of electric railways using third rail, and street railways, all systems, 
including electric and cable; operation and maintenance of electric light 
and power plants, including transmission systems and extensions of 
lines; electric systems not otherwise specified; three and one-half per 
centum. 

Class nineteen—Pile driving; operating galvanized iron or tin 
works; marble works; fire proofing of buildings by means of wire 



30 


Pamphlet Containing Measures to Be 


netting and concreting; cellar excavation, with or without blasting; 
three and three-quarters per centum. 

Class twenty—Constructing breakwaters, marine railways and jet¬ 
ties; installation and repair of electrical apparatus, not otherwise speci¬ 
fied, outside work only; stamping of metal or tin; building trestles and 
tunnels other than mining; shaft sinking, not otherwise specified; four 
per centum. 

Class twenty-one—Moving safes, boilers, machinery; construction 
of tanks, water towers, windmills, not metal frame; plumbers making 
house connections with blasting; roof work; slate work; stone work; 
stone setting; brick work construction, not otherwise specified; con¬ 
struction of canals with rock work or blasting; bridge building, wooden; 
construction of floating docks; construction of industrial plant chim¬ 
neys of metal or concrete; four and one-half per centum. 

Class twenty-two—Excavations, not otherwise specified; laying of 
mains and connections, with blasting; sewer buildings, where maxi¬ 
mum depth of excavation at any point exceeds seven feet; blasting, not 
otherwise specified; manufacturing fireworks; five per centum. 

Class twenty-three—Erecting fire escapes, fireproof doors and shut¬ 
ters outside of buildings; building concrete structures, not otherwise 
specified; concrete or cement work not otherwise specified; six per 
centum. 

Class twenty-four—Constructing iron or steel frame structures or 
parts; constructing and repairing steel frames and structures; sub¬ 
aqueous work; caisson works; six and one-half per centum. 

Class twenty-five—House moving, house wrecking; construction or 
repair of steeples; construction of brick chimneys; six and three-quar¬ 
ters per centum. 

Class twenty-six—Manufacturing powder, dynamite, and other ex¬ 
plosives, not otherwise specified; ten per centum. 

Class twenty-seven—Any employer and his employes engaged in 
non-hazardous work or employment, by their joint election, filed with 
and approved by the Board, may accept the Compensation provisions 
of this Article. In such event such employer and employes shall be 
known as Class twenty-seven, the rate of assessment in which shall be 
one-half of one per centum. 

(b) If a single establishment or work comprises several occupa¬ 
tions listed in Section 26 (a) in different classifications, the assessment 
shall be computed according to the payroll of each occupation if clearly 



Submitted to the Electors of Arizona, November 5, 1918. 


31 


separable, otherwise an average rate of assessment shall be charged for 
the entire establishment, taking into consideration the number of em¬ 
ployes and the relative hazard. 


(c) The Classification of hazardous occupations in Section 26 (a) 
and the rates of premium or assessment therein fixed are advisory only, 
and the Board is hereby given full power and authority to rearrange, 
revise, add to, take from, change, modify, increase, or decrease any 
classification or rate named in Section 26 (a) as in its judgment or ex¬ 
perience may be necessary or expedient: Provided, That no change in 
the classification or rates prescribed in Section 26 (a) shall be made 
effective prior to the end of the first calendar year, and thereafter any 
changes so made shall not become effective until sixty days after the 
date of the order or decision of the Board making such change except 
that in case of new industries, or industries not enumerated in Section 
26 (a), the Board shall have the right to make an immediate classifica- 
t’on thereof and establish a rate therefor. 

(d) It is the intent and purpose of this Article that each industry, 
trade, occupation and employment, coming under the compensation 
provisions of this Article shall be liable and pay for all injuries hap¬ 
pening to employes coming under said compensation provisions, and 
that all premiums collected, as herein provided, shall be paid into the 
Industrial Accident Fund, which fund, except as otherwise provided in 
this Article, shall be devoted exclusively to the payment of all valid 
claims for injuries happening in the industries, trades, occupations and 
employments coming under the compensation provisions of this Article: 
provided that accounts shall be kept with each industry, trade, occupa¬ 
tion and employment in accordance with the foregoing classifications, 
or otherwise as the Board may direct, both as to receipts and disburse¬ 
ments for the purpose of providing information and statistics necessary 
for determining any changes in such rates or classifications. 

(e) There shall be collected from all classes as initial payments into 
the Industrial Accident Fund, on or before the twentieth day of January, 
1919, one-fourth of the premium or assessment for that calendar year, 
and one-twelfth thereof at the first of each month beginning with the 
first of April, 1919; after the year 1919 one-twelfth of the required 
percentage of the total annual payroll for the preceding year shall be 
paid at the beginning of each month. 

(f) The initial payment shall be based upon the amount of the 
payroll for the months of October, November and December, 1918. At 
the end of each calendar year an adjustment of the account shall be 
made upon the basis of the actual payroll, and any shortage shall be 
made good. Provided that if such fund shall have a sufficient balance 




32 


Pamphlet Containing Measures to Be 


on hand at the end of the first three ynonths, or any month thereafter, 
to meet the requirements of the Industrial Accident Fund, no assess¬ 
ments shall be called for such month within thirty days thereafter. 
Every employer who shall enter into business at any intermediate day 
shall make his payments in the same manner and upon the same basis 
before commencing operations; the amount of such payments shall be 
calculated upon his estimated payroll, and an adjustment shall be made 
on or before February first in the year following in the manner above 
provided. 

(g) Any employer who is in default in the observance of any order 
of the Board, issued pursuant to the provisions of Section 26 (a) to 26 
(f), inclusive, shall, in addition to any other penalty provided by this 
Article, be charged an advance of twenty-five per centum over the 
established rate, and such advanced rate shall continue and be in force 
until such employer shall have ceased to be in default. 

(h) Any change in classification of risks or premium rates, or any 
change caused by change in the class of work, occurring during the 
calendar year, shall be equalized by the Board within thirty days after 
the end of such year in proportion to its duration in accordance with 
the schedules provided in this Article. 

(i) If at the end of any year it shall be seen that the contribution 
to the Industrial Accident Fund by any class of industry has been less 
than the drain upon such fund on account of that class, the deficiency 
shall be made good to the fund on the first day of February of the 
following year by the employers of that class in proportion to their re¬ 
spective payments for the previous year. 

(j) Ten per centum of the premium collected from employers, as 
hereinabove provided, shall be set aside by the Board for the creation 
of a surplus until such surplus shall amount to the sum of one hundred 
thousand dollars, and thereafter five per centum of such premiums shall 
be so set aside until such time as, in the judgment of the Board, such 
surplus shall be sufficiently large to cover the catastrophe hazard, such 
surplus to be invested in the manner provided in Section 26 (1) of this 
Article. 

(k) Upon the happening of an accident where death or the nature 
of the injury renders the amounts of future payments certain or reason¬ 
ably certain, the Board shall forthwith cause the Treasurer of the Board 
tM set apart out. of the Industrial Accident Fund a sum of money to be 
calculated on the basis of the maximum sum required to pay the com¬ 
pensation accruing on account of such injury and which will meet such 
required payments. Out of such reserve and its earnings shall be paid 
the semi-monthly installments and any lump sum then or thereafter 



Submitted to the Electors of Arizona, November 5, 1918. 


33 


arranged for the case. Any deficiency shall be made good out of, and 
ary balance or overplus shall revert to the Industrial Accident Fund. 

(l) The Treasurer of the Board, whenever the Board in its discre¬ 
tion shall so direct, shall invest such reserve in bonds of the United 
States, bonds of the State of Arizona, or bonds of any County, City, 
or School District in the State of Arizona, or any other security which 
may be approved by the Board.. 

(m) The Treasurer of the Board shall keep an accurate account 
of all such segregations of the Industrial Accident Fund, and upon di¬ 
rection of the Board shall divert from the main fund any sums necessary 
to meet the semi-monthly payments, pending the conversion into cash 
of any security, and in such case shall repay the same out of the cash 
realized from the security. 

(n) If any employer shall default in any payment to the Industrial 
Accident Fund, the sum due may be collected by an action at law in 
the name of the State, and such rights of action shall be cumulative. 

(o) Where a workman is entitled to compensation under the com¬ 
pensation provisions of this Article, he shall file with the Board his 
application therefor, together with a certificate of the physician who 
attended him, and it shall be the duty of such physician to lend all nec¬ 
essary assistance in making application for compensation and such proof 
of other matters as may be required by the rules of the Board without 
charge to the workman. 

(p) For a proper compliance with the provisions of the preceding 
Section the physician, after approval by the Board, shall be paid out of 
the Industrial Accident Fund one and one-half dollars for each case. 

(q) Where death results from the injury, the parties entitled to com¬ 
pensation under this Article, or some one in their behalf, shall make 
application for the same to the Board. The application must be accom¬ 
panied with proof of death and proof of relationship, showing the parties 
entitled to compensation, certificate of the attending physician, if any, 
and such other proof as may be required by the rules of the Board. 

(r) In computing the payroll, the entire amount received by every 
workman employed in the hazardous occupations enumerated in this 
Article shall be included, whether it be in the form of salary, wage, 
piecework, overtime, or any allowance in the way of profit-sharing, 
premium or otherwise, and whether payable in money, board or other¬ 
wise: Provided, however, that in making such computation, there shall 
not be included any amount received by any workman who shall have 



34 


Pamphlet Containing Measures to Be 


elected not to be bound by the compensation provisions of this Article. 

(s) Disbursements out of the Industrial Accident Fund shall be 
made by the Treasurer of the Board as the Board may order. 

(t) All earnings made by the Industrial Accident Fund by reason 
of interest paid for the deposit thereof, or otherwise, shall be credited 
to and become a part of said fund, and the making of profit, either di¬ 
rectly or indirectly, by the Treasurer of the Board, or any other person, 
out of the use of the Accident Fund shall constitute felony,, and on 
conviction thereof shall subject the person making such profit to im¬ 
prisonment in the State Penitentiary for a term not exceeding two 
years or a fine not exceeding five thousand dollars, or both such fine 
and imprisonment, and the Treasurer of the Board shall be liable upon 
his official bond for all profits realized for any unlawful use of the said 
fund. 

Sec. 27. Sections 7 and 8 of Article XVIII of the Constitution of 
the State of Arizona, and Chapters VI and VII of Title XIV of the 
Revised Statutes of Arizona, 1913, Civil Code, and any and all portions 
ot the Constitution and laws of the State of Arizona in conflict with or 
inconsistent with this Article are hereby abrogated. 


ARGUMENT 

(Affirmative) 

Submitted by 

JOSEPH E. CURRY, 

Secretary, Arizona Chapter American Mining Congress 

and 

FOLSOM MOORE, 

Organizer, American Federation of Labor, District of Tucson. 

In favor of the measure designated on the official ballots as follows: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO PROVIDE COMPENSATION FOR WORKMEN 
INJURED IN HAZARDOUS EMPLOYMENTS, AND FOR THEIR 
BENEFICIARIES AND DEPENDENTS WHERE DEATH RE¬ 
SULTS FROM SUCH INJURY; CREATING AN INDUSTRIAL AC¬ 
CIDENT BOARD, DEFINING ITS POWERS AND DUTIES AND 
PROVIDING FOR A REVIEW OF ITS AWARDS; CREATING 
AN INDUSTRIAL ACCIDENT FUND, AND PROVIDING FOR 
THE ADMINISTRATION THEREOF; PRESCRIBING THE 
LIABILITY OF EMPLOYERS WHO DO NOT ELECT TO COME 
UNDER THE COMPENSATION PROVISIONS OF THIS ARTI¬ 
CLE; AND ABROGATING ALL LAWS AND CONSTITUTIONAL 
PROVISIONS IN CONFLICT HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 


100 Yes. 

101 No. 















Submitted to the Electors of Arizona, November 5, 1918. 


35 


ARGUMENT IN FAVOR OF AMENDMENT TO THE CONSTI¬ 
TUTION OF THE STATE OF ARIZONA. 

To provide compensation for workmen injured in hazardous em¬ 
ployments, and for their beneficiaries and dependents where death 
results from such injury; creating an Industrial Accident Board, 
defining its powers and duties and providing for a review of 
its awards; creating an Industrial Accident Fund, and provid¬ 
ing for the administration thereof; prescribing the liability of 
employers who do not elect to come under the compensation 
provisions of this article; and abrogating all laws and con¬ 
stitutional provisions in conflict herewith. 

No opposition to this much needed amendment will be pressed 
that will not be clearly traceable either to ignorance of the provisions 
of the law or to a sinister or ulterior motive. Consequently, no ex¬ 
haustive argument for this amendment is necessary as it will stand 
solidly upon its merits alone. 


(Signed) JOSEPH E. CURRY, 

Sec y, Arizona Chapter American Mining Congress. 

(Signed) FOLSOM MOORE, 

Organizer, American Federation of Labor, District of Tucson. 


ARGUMENT 

(Negative) 

Submitted by 

ARIZONA STATE FEDERATION OF LABOR. 

In opposition to the measure designated on the official ballot as follows: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO PROVIDE COMPENSATION FOR WORKMEN 
INJURED IN HAZARDOUS EMPLOYMENTS, AND FOR THEIR 
BENEFICIARIES AND DEPENDENTS WHERE DEATH RE¬ 
SULTS FROM SUCH INJURY; CREATING AN INDUSTRIAL 
ACCIDENT BOARD DEFINING ITS POWERS AND DUTIES 
AND PROVIDING FOR A REVIEW OF ITS AWARDS; CREAT¬ 
ING AN INDUSTRIAL ACCIDENT FUND, AND PROVIDING FOR 
THE ADMINISTRATION THEREOF; PRESCRIBING THE LIA¬ 
BILITY OF EMPLOYERS WHO DO NOT ELECT TO COME UN¬ 
DER THE COMPENSATION PROVISIONS OF THIS ARTICLE; 
AND ABROGATING ALL LAWS AND CONSTITUTIONAL PRO¬ 
VISIONS IN CONFLICT HEREWITH. 

If you favor the above law, vote YES; if opposed, vote NO. 


100 Yes. 


101 No. 


















36 


Pamphlet Containing Measures to Be 


OPPOSING ARGUMENT TO PROPOSED AMENDMENT TO 
THE CONSTITUTION OF THE STATE OF ARIZONA, TO BE 
NUMBERED XXV AND KNOWN AS “THE WORKMEN’S COM¬ 
PENSATION LAW.” 

Under the present laws an injured workman has recourse to three 
remedies—the common law, the present workmen’s compensation law, 
and the employer’s liability law—and he may elect which remedy he 
will use after injury. The present laws, while not perfect, are substantial 
bulwarks for the protection of workers injured while employed in in¬ 
dustry, and have a salutary effect in making the employers, particularly 
in the mining industry, careful of the safety of their employees. 

The proposed law will abrogate the present workmen’s compen¬ 
sation law and employer’s liability law, and will set up in their place a 
shrewdly worked profiteering and efficiency destroying provisions born 
and bred in the minds of certain unscrupulous Bisbee politicians and 
copperbundists. 

To entitle a beneficiary to compensation dependency must be shown, 
and the vicious terms of this law is such that a woman working in in¬ 
dustry whose husband is serving his country in France, would have no 
compensation paid for her death. The fact that no compensation would 
be paid except to actual dependents would result in the adoption of a 
policy by profiteering employers in the mining industry by which Amer¬ 
ican workmen with families would be refused employment, while the 
alien, the migratory worker and the bum. would be employed because 
the class of industry in which he is killed would not be charged with 
compensation for his death, there being no actual dependents. 

Under Section 15, (d) and (i) it is found that no adequate com¬ 
pensation is provided for such injuries as facial disfigurement, loss of 
a nose, breaking of a rib, leg or arm, or for sexual sterility. You are 

simply “patched up” and put back to work, without any other compen¬ 
sation. 

The cost of maintaining hospitals, etc., in the mining camps will 
be charged against the State fund without the workers having a voice 
in their management. 

The advocates of this vicious law say it will eliminate the fees of 
damage case lawyers. This may be true, but apparently the compan¬ 
ies want to keep the fees themselves and not either pay them to the 
worker, or even divide. The amounts fixed in the law for compensa¬ 
tion for injuries and death, are inadequate to an unjust degree. They 
are arbitrary and not based on either reason or experience. 

The attempt at this time by profit-seeking corporations at Bisbee, 
who set themselves up to fix industrial standards for the people of 



Submitted to the Electors of Arizona, November 5, 1918. 


37 


Arizona, to lower industrial standards which the people of Arizona have 
carefully built for years for the protection of workers, when so many 
of our workers are away from home in the shipyards, the military camps 
and the trenches of France, plainly brings such iniquitous practices 
within the purview of the just condemnation that the Council of National 
Defense and the Federal Government has been compelled to make against 
those who endeavor to take advantage of the present war to lower 
industrial standards. 

The workers of Arizona are seeking no selfish and self-serving 
laws at this election and the people should not allow the corporations 
to profit from a condition that gives them an advantage under War 
conditions. Neither the State Federation of Labor, nor the American' 
Federation of Labor were consulted in the drafting of this damnable 
law, and DO NOT APPROVE IT. 

The workers will gain nothing from the repeal of existing 
laws and the substitution of the Bisbee “Workmen’s Compensation 
Law,” but on the other hand would destroy industrial standards that 
it would take years to regain. 

We appeal to the fair-minded voters of Arizona to let well enough 
alone; let the poor, tired toilers keep their rights now enjoyed under 
existing laws. I urge all voters, men and women, to vote NO on this 
proposed law. 

PRESERVE EXISTING RIGHTS, AND A TRIAL BY JURY. 

(Signed) THOMAS J. CROAFF, 

President, Arizona State Federation of Labor, Chairman, Legal Rights 

Committee, State Organizer, American Federation of Labor. 

(Signed) GEO. D. .SMITH, 

Secretary- Treasurer, Arizona State Federation of Labor. 


July 20, 1918. 




38 


Pamphlet Containing Measures to Be 


PROPOSED AMENDMENT OF THE CONSTITUTION OF THE 
STATE OF ARIZONA. 

AN ACT TO AMEND SECTION 1, OF SUBDIVISION 2 OF 
ARTICLE IV OF THE CONSTITUTION OF THE STATE OF 
ARIZONA, BY GIVING EACH COUNTY IN THE STATE EQUIT¬ 
ABLE REPRESENTATION IN THE LOWER HOUSE OF THE 
LEGISLATURE BASED ON POPULATION; AUTHORIZING 
BOARDS OF SUPERVISORS, TO DIVIDE COUNTIES INTO 
LEGISLATIVE DISTRICTS ACCORDING TO POPULATION, 
AND PERMITTING EACH DISTRICT TO NOMINATE AND 
ELECT ITS OWN REPRESENTATIVE IN THE STATE LEGIS¬ 
LATURE. 

To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

Proposed by Initiative Petition of the people and filed in the office of 
the Secretary of State, July 3rd, 1918, in accordance with the 
provisions of Paragraph 3328, Chapter 1, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO AMEND SECTION 1, OF SUBDIVISION 2 OF 
ARTICLE IV OF THE CONSTITUTION OF THE STATE OF 
ARIZONA, BY GIVING EACH COUNTY IN THE STATE EQUIT¬ 
ABLE REPRESENTATION IN THE LOWER HOUSE OF THE 
LEGISLATURE BASED ON POPULATION; AUTHORIZING 
BOARDS OF SUPERVISORS, TO DIVIDE COUNTIES INTO 
LEGISLATIVE DISTRICTS ACCORDING TO POPULATION, 
AND PERMITTING EACH DISTRICT TO NOMINATE AND 
ELECT ITS OWN REPRESENTATIVE IN THE STATE LEGIS¬ 
LATURE. 

If you favor the above law, vote YES; if opposed, vote NO. 


102 Yes. 


103 No. 















Submitted to the Electors of Arizona, November 5, 1918. 


39 


(On Official Ballot Nos. 102 and 103.) 


AN ACT 


TO AMEND ARTICLE IV OF THE CONSTITUTION OF THE 
STATE OF ARIZONA. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARI¬ 
ZONA: 


That Section 1 of Subdivision 2 of Article IV of the Constitution of 
the State of Arizona be and the same is hereby amended so as to read 
ar. follows: 


“Section 1. Until otherwise provided by law the Senate shall con 
sist of nineteen members, apportioned among several counties, as fol¬ 
lows: Apache County, one senator; Cochise County, two senators; 
Coconino County, one senator; Gila County, two senators; Graham 
County, one senator; Greenlee County, one senator; Maricopa County, 
two senators; Mohave County, one senator; Navajo County, one 
senator; Pima County, two senators; Pinal County, one senator; 
Santa Cruz County, one senator; Yavapai County, two senators; Yuma 
County, one senator. 


“There shall be elected from each County, at large, the number 
of senators to which such County is entitled, and there shall be elected 
from each County, in the manner hereinafter directed, one representa¬ 
tive for each fifteen hundred votes or major fraction thereof cast in 
such County* for the office of Governor at the last preceding general 
election, to be determined from the official canvass of all votes cast for 
all candidates for such office of Governor, and provided that no County 
shall have a smaller number of representatives than that to which it 
is now entitled. 


“Within twelve months from the time this amendment is declared 
adopted, the Board of Supervisors of each County entitled to more than 
one representative shall divide such County into as many legislative dis¬ 
tricts as there may be representatives to be elected from such County 
and each of such districts shall be entitled to elect one representative. 
Such division shall be so made that the legislative districts within a 
County shall contain, as nearly as may be, the same voting popula¬ 
tion. Such districts shall be compact in form, and no such district 




40 


Pamphlet Containing Measures to Be 


shall include non-contiguous portions of any County. Before estab¬ 
lishing such districts, the Board of Supervisors shall give at least thirty 
days, notice of their intention so to do, by publishing the same in two 
successive issues of some newspaper of general circulation published in 
such County. The order of the Board of Supervisors establishing such 
districts shall clearly and explicitly define the boundaries thereof, and 
shall be entered at large on the official records of the proceedings of 
such Board. 

“Any such County shall be redistricted by such Board of Super¬ 
visors not less than six months prior to each regular election for rep¬ 
resentatives, when by reason of the number of votes therein cast for 

the office of Governor at the last preceding general election, it shall be 
entitled to a greater number of representatives. In Counties entitled 
to but one representative, such representative shall be elected from 
the County at large.” 

Filed July 3, 1918. 


ARGUMENT 

(Affirmative) 

Submitted by 

JAMES A. JONES and A. S. MILLS. 

In favor of the measure designated on the official ballot as follows: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO AMEND SECTION 1 OF SUBDIVISION 2 OF 
ARTICLE IV OF THE CONSTITUTION OF THE STATE OF 
ARIZONA, BY GIVING EACH COUNTY IN THE STATE EQUIT¬ 
ABLE REPRESENTATION IN THE LOWER HOUSE OF THE 
LEGISLATURE BASED ON POPULATION; AUTHORIZING 
BOARDS OF SUPERVISORS, TO DIVIDE COUNTIES INTO 
LEGISLATIVE DISTRICTS ACCORDING TO POPULATION, 
AND PERMITTING EACH DISTRICT TO NOMINATE AND 
ELECT ITS OWN REPRESENTATIVE IN THE STATE LEGIS¬ 
LATURE. 

If you favor the above law, vote YES; if opposed, vote NO. 


102 Yes. 


103 No. 















Submitted to the Electors of Arizona, November 5, 1918. 


41 


ARGUMENT IN FAVOR OF INITIATIVE MEASURE AMEND¬ 
ING SECTION 1 OF SUBDIVISION 2, OF ARTICLE IV 
OF THE CONSTITUTION OF THE STATE OF ARIZONA. 


The proposed amendment to our State Constitution providing for 
the election of members of our State Legislature by Legislative districts 
is not an innovation; it is in effect in many of our States. It is based 

on the same principle, and follows the same rule that has been in effect 

since the formation of our government in the election of Senators and 
Representatives to our National Congress. Senators are elected from 
the state at large, and Representatives from Congressional Districts. 

In this proposed amendment the apportionment is so made, and 

it is definitely stated, that no county shall have less representation in 

the State Legislature than it has at present, but it provides for an 
increase in the representation when the population of the County justi¬ 
fies it. The constitutional provision now in effect does not make any 
allowance for increase in representation with the growth of population 
in this State. The proposed amendment gives each county equitable 
representation, and provides a system of Home Rule by which every 
section of the ,State can have its representation in the Legislature so 
that each particular locality of fifteen hundred voters shall have a rep¬ 
resentative to look after its interests. 

When you consider the diversified resources of some of our counties 
this feature of the amendment is particularly desirable. It is a means 
of securing the best qualified men in each locality to become candidates 
for the Legislature, for the reason that in small districts of fifteen 
hundred voters, where a man is known to every voter in the district, 
his qualifications to represent a particular district in the Legislature 
will be the consideration with the great bulk of the voters rather than 
his political affiliation. 

How many voters can call by name or know anything of the men 
from their respective counties who represented them in the last Leg¬ 
islature? We venture to say a very small number of the voters know 
even the names, much less the qualifications, of their representatives, 
who make the laws that govern them, and who provide for the ex¬ 
penditure of the millions of dollars collected in taxes in this State. They 
were elected at large from the counties, and the average voter voted 
for them simply because their names appeared on the ticket he usually 
voted, no attention whatever being paid to their qualifications. 

Mr. Voter, ask yourself this question: Who represented me in the 
Legislature last session? If these men were elected by legislative dis¬ 
tricts of fifteen hundred voters, every voter in the District would be 
intimately acquainted with his representative and his qualifications for 





42 


Pamphlet Containing Measures to Be 


the position, every section of your county would have equitable rep¬ 
resentation, and the more populous section would have no advantage 
over the more thinly populated portions of the county. Each would 
have an equal chance to elect its own representative. 


The Constitution of this State grants women the right of suffrage 
and this necessarily carries with it the right to hold office. The Legis¬ 
lature is a fruitful field for the activities of women interested in political 
affairs, but it is almost a physical impossibility for a woman to make 
a campaign over a county larger than an eastern state for the sake of 
being elected to the Legislature, which meets for sixty days every two 
years. The election by legislative districts makes it possible for more 
women to be elected to the Legislature. 

The same argument applies to the average business or professional 
man. He has not and will not give the time from his business, no 
matter what it may be, to make a campaign over one of those large 
counties. Thus the state is deprived of the services of men and women 
competent to make our laws and appropriations for the conduct of 
our State government running into millions of dollars. The question 
of who shall represent you in the Legislature is a serious one and one 
deserving of more thought and attention than it has heretofore re¬ 
ceived from the majority of the voters of this State. 

Under the provisions of our present Constitution, members of the 
Legislature are the only officials in this State who are practically exempt 
from the Recall. A man elected in November assumes office the follow¬ 
ing January when the Legislature convenes, and his services are ordin¬ 
arily completed sixty days later. It is manifestly impossible to recall 
a member of the Legislature in a large county of ten or twelve thousand 
voters before his term of services expires. Besides, it would be im¬ 
possible to get another candidate to make a campaign for the vacancy 
in case a recall petition was circulated. 


Under the proposed amendment, a man elected in a district of fifteen 
hundred voters, will be exceedingly careful to represent the sentiments 
of his district on all matters coming before the Legislature, as it will 
be a comparatively easy matter to get a candidate to make the campaign 
in a small district if a recall petition should be circulated. Besides, it 
will be very much easier to recall a man in a district of fifteen hundred 
voters than in a county of four or five thousand and upwards. 


This measure is absolutely non-partisan. It makes no pretense of 
changing the present method of electing state senators. There is no 
advantage or disadvantage to any political party in electing the members 



Submitted to the Electors of Arizona, November 5, 1918. 


43 


ot the lower house of the Legislature by legislative districts as proposed 
in the amendment. It is the very personification of representative gov¬ 
ernment. It gives the people the right to elect representatives personally 
known to them. It makes the recall provision of the constitution effec¬ 
tive as to members of the Legislature. It gives every section of the 
State and of each County equitable representation, and does not permit 
the more populous sections to name the members of the Legislature to 
the exclusion of the less populous sections. 

There is no reasonable or logical argument that can be advanced 
and successfully maintained against this proposed amendment. This 
amendment puts the control of the Legislature in the hands of the 
people. Your representatives will be responsible to you, and you only. 


(Signed) A. S. MILLS, 
(Signed) JAMES A. JONES. 



44 


Pamphlet Containing Measures to Be 


PROPOSED AMENDMENT OF THE CONSTITUTION OF THE 
STATE OF ARIZONA. 

AN ACT TO AMEND SECTION TEN OF ARTICLE X OF 
THE CONSTITUTION OF THE STATE OF ARIZONA. 

To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 


REGULAR GENERAL ELECTION 
to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

Proposed by Initiative Petition of the people and filed in the office of the 
Secretary of State, July 2, 1918, in accordance with the provi¬ 
sions of Paragraph 3328, Chapter 1, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot. 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO AMEND SECTION TEN OF ARTICLE X OF 
THE CONSTITUTION OF THE STATE OF ARIZONA, “Author¬ 
izing the Legislature to provide proper laws for the sale of all State 
lands and the lease of same, and for the protection of bona fide residents 
and lessees of said lands.” 

If you favor the above law, vote YES; if opposed, vote NO. 


104 Yes. 


105 No. 












Submitted to the Electors of Arizona, November 5, 1918. 


45 


(On Official Ballot N-os 104 and 105.) 

AN ACT 

TO AMEND SECTION TEN OF ARTICLE X OF THE CON¬ 
STITUTION OF THE STATE OF ARIZONA. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARI¬ 
ZONA: 

That Section Ten of Article X of the Constitution of the State of 
Arizona be and the same is hereby amended to read as follows: 

Section 10. The legislature shall provide by proper laws for the 
sale of all state lands or the lease of such lands, and shall further pro¬ 
vide by said laws for the protection of the actual bona fide residents 
and lessees of said lands, whereby such residents and lessees of said 
lands shall be protected in their rights to their improvements (including 
water rights) in such manner that in case of lease to other parties the 
former lessee shall be paid by the succeeding lessee the value of such 
improvements and rights and actual bona fide residents and lessees 
shall have preference to a renewal of their leases at a reassessed rental 
to be fixed as provided by law. 


Filed July 2, 1918. 



46 


Pamphlet Containing Measures to Be 


PROPOSED AMENDMENT OF THE CONSTITUTION OF THE 
STATE OF ARIZONA. 

AN ACT TO AMEND SECTION 11 OF ARTICLE X OF THE 
CONSTITUTION OF THE STATE OF ARIZONA. 

To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 

REGULAR GENERAL ELECTION 

to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

Proposed by Initiative Petition of the people and filed in the office of 
the Secretary of State, July 2, 1918, in accordance with the ‘pro¬ 
visions of Paragraph 3328, Chapter 1, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED AMENDMENT TO THE CONSTITUTION. 
PROPOSED BY INITIATIVE PETITION. 


AN ACT TO AMEND SECTION 11 OF ARTICLE X OF THE 
CONSTITUTION OF THE STATE OF ARIZONA, “Limiting the 
sale of agricultural and grazing lands.” 

If you favor the above law, vote YES; if opposed, vote NO. 


106 Yes. 


107No. 


(On Official Ballot Nos. 106 and 107.) 

AN ACT 

TO AMEND SECTION 11 OF ARTICLE X OF THE CONSTI¬ 
TUTION OF THE STATE OF ARIZONA. 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARI¬ 
ZONA. 

That Section 11 of Article X of the Constitution of the State of 
Arizona be and the same is hereby amended so as to read as follows: 

Section 11. No individual, corporation or association shall be al¬ 
lowed to purchase more than one hundred sixty (160) acres of agri¬ 
cultural land or more than six hundred forty (640) acres of grazing land. 

Filed July 2, 1918. 













Submitted to the Electors of Arizona, November 5, 1918. 


47 


AN ACT TO AMEND SECTION 4 OF AN INITIATIVE MEAS¬ 
URE ENTITLED “AN ACT TO PROMOTE THE WELFARE OF 
THE PEOPLE OF THE STATE OF ARIZONA, TO PROVIDE 
FOR THE DEVELOPMENT OF THE RESOURCES OF THE 
STATE, TO ABOLISH THE CONTRACT SYSTEM OF ALL 
STATE CONSTRUCTION AND TO ESTABLISH A STATE PRINT¬ 
ING PLANT, AND TO ESTABLISH A STATE BANKING SYS¬ 
TEM, AND TO MAKE AN APPROPRIATION THEREFOR, AND 
TO PROVIDE FOR THE SUBMISSION OF SUCH PROPOSED 
AMENDMENT TO THE PEOPLE OF THE STATE OF ARIZONA.” 


To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 


REGULAR GENERAL ELECTION 


to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

Referred to .the people by the Legislature and filed in the office of 
the Secretary of State, March 21, 1917, in accordance with the 
provisions of Paragraph 3328, Chapter 1, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


REFERENDUM ORDERED BY THE LEGISLATURE. 


AN ACT TO AMEND SECTION 4 OF AN INITIATIVE MEAS¬ 
URE ENTITLED, “AN ACT TO PROMOTE THE WELFARE OF 
THE PEOPLE OF THE STATE OF ARIZONA, TO PROVIDE 
FOR THE DEVELOPMENT OF THE RESOURCES OF THE 
STATE, TO ABOLISH THE CONTRACT SYSTEM OF ALL STATE 
CONSTRUCTION AND TO ESTABLISH A STATE PRINTING 
PLANT, AND TO ESTABLISH A STATE BANKING SYSTEM, 
AND TO MAKE AN APPROPRIATION THEREFOR, AND TO 
PROVIDE FOR THE SUBMISSION OF SUCH PROPOSED 
AMENDMENT TO THE PEOPLE OF THE STATE OF ARIZONA. ’ 


If you favor the above law, vote YES; if opposed, vote NO. 


300 Yes. 


301 No. 















48 


Pamphlet Containing Measures to Be 


(On Official Ballots Nos 300 and 301). 


CHAPTER 83. (House Bill No. 124.) 
AN ACT 


To Amend Section 4 of an Initiative Measure Entitled “An Act 
to Promote the Welfare of the People of the State of Arizona, 
to Provide for the Development of the Resources of the State, 
to Abolish the Contract System of all State Construction and to 
Establish a State Printing Plant, and to Establish a State Banking 
System, and to Make an Appropriation Therefor, and to Pro¬ 
vide for the Submission of such Proposed Amendment to the 
People of the State of Arizona.” 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF 
ARIZONA: 


Section 1. That it is hereby proposed that Section 4 of an initiative 
measure entitled “An act to promote the welfare of the people of the 
State of Arizona, to provide for the development of the resources of 
the State, to abolish the contract system of all State construction, and 
to establish a State printing plant, and to establish a State banking 
system, and to make an appropriation therefor, and to provide for the 
submission of such proposed amendment to the people of the State of 
Arizona,” shall be amended so as to read as follows: 

(4) All work on all State buildings, dams, reservoirs, flumes, water 
plants, gas plants and all other State construction may be done by 
contract. 

Sec. 2. The said proposed amendment as set forth in Section 1 
of this act is hereby approved in accordance with the provisions of 
Section 1, Article 21 of the Constitution of Arizona. 

Sec. 3. When said proposed amendment shall be approved by a 
majority of each House of the Legislature and entered on the respective 
journals thereof, together with the ayes and nays thereon, the Secre¬ 
tary of State shall submit such proposed amendment to the vote of 
the people at the next regular or general election. 

“This bill having remained with the Governor ten days, Sundays 
excluded, after the final adjournment of the Legislature, and not hav¬ 
ing been filed with his objections, has become a law this 21st day of 
March, 1917.” 


SIDNEY P. OSBORN, Secretary of State. 



Submitted to the Electors of Arizona, November 5, 1918. 


49 


AN ACT TO AMEND SECTIONS 319, 320, 321, 322 AND 323, 
CHAPTER X, TITLE 9, REVISED STATUTES OF ARIZONA, 1913, 
PENAL CODE, ENTITLED “GAMING.” 

To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

Referendum ordered by Petition of the people and filed in the office of 
the Secretary of State, June 4, 1917, in accordance with the pro¬ 
visions of Paragraph 3328, Chapter 1, Title XXII, Re¬ 
vised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332 Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


REFERENDUM ORDERED BY PETITION OF THE PEOPLE 


AN ACT TO AMEND SECTIONS 319, 320, 321, 322 and 323, 
CHAPTER X, TITLE 9, REVISED STATUTES OF ARIZONA, 1913, 
PENAL CODE, ENTITLED “GAMING.” 

If you favor the above law, vote YES; if opposed, vote NO. 


302 Yes. 


303 No. 


(On Official Ballot Nos. 302 and 303). 

CHAPTER 71. (House Bill No. 57). 

AN ACT 

TO AMEND SECTIONS 319, 320, 321, 322 AND 323, CHAPTER 
X. TITLE 9, REVISED STATUTES OF ARIZONA, 1913, PENAL 
CODE ENTITLED “GAMING.” 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF 
ARIZONA: 

Section 1. That Sections 319, 320, 321, 322 and 323 Chapter X, 














50 


Pamphlet Containing Measures to Be 


Title 9, Revised Statutes of Arizona, 1913, Penal Code, be and the same 
are hereby amended to read as follows: 

319. Every person who shall deal, carry on, or open, or cause to 
be opened, or who shall conduct, either as owner, proprietor or em 
ployee, whether for hire or not, any game of faro, monte, roulette, 
lasquenet, rouge et nor, rondo, vingt-un or twenty-one, poker, stud poker, 
draw poker, bluff, fan tan, thaw, seven and one-half, chuck-a-luck, black¬ 
jack, “panginki,” or any similar game whatsoever, played with cards, 
dice or any other device, and every slot machine, punchboard, or ma¬ 
chine of like character, whether the same be played for money, checks, 
credits or any other representative of value within the State of Arizona; 
and every person who shall participate in any of the above enumerated 
games dealt, carried on, opened or caused to be opened by any other 
person in the State of Arizona, shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be punished by a fine of not less than 
one hundred dollars, nor more than three hundred dollars, or by im¬ 
prisonment for not more than six months, or by both such fine and 
imprisonment. 

320. If any proprietor, owner, or part owner, lessee, manager or 
any person having management, supervision, or control, temporary or 
permanent, of any gambling house or other resort maintained for gamb¬ 
ling or of any building shall permit any of the games mentioned in 
the preceding section to be played in such place, he shall be guilty of a 
misdemeanor, and upon conviction thereof shall be punished as pro¬ 
vided in the preceding section. 

321. Every person who shall deal, carry on or open, or cause to 
be opened, or who shall conduct, or who shall participate in, either as 
owner, proprietor, employee, or participant, whether for hire or not, any 
banking or percentage game whatsoever, played with cards, dice, or 
any device, or by the aid of any device, whether the same be played for 
money, checks, credits, or any other representative of value, or in which 
markers are used, or in which anything of value changes hands, within 
the State of Arizona, shall be guilty of a misdemeanor, and upon con¬ 
viction thereof, shall be punished by a fine of not less than one hundred 
dollars, nor more than three hundred dollars, or by imprisonment for 
not more than six months or by both such fine and imprisonment. 

322. If any proprietor, owner, or part owner, lessee, manager or 
any person having management, supervision, or control, temporary or 
permanent, of any gambling house or other resort maintained for gamb¬ 
ling, or of any building, shall permit any of the games mentioned in 
the preceding sections to be played in such place, he shall be guilty of a 
misdemeanor, and upon conviction thereof, shall be punished as pro¬ 
vided in Section 319. 

322. No city, town or village, department, nor other political sub¬ 
division of the State of Arizona may license the carrying on, or operat¬ 
ing in any place, or in any manner of any gambling game or games of 
chance of any variety whatever, nor impose, nor collect any occupation 
tax or other tax upon or from any person or persons for the carrying 
on or the operation thereof. 

Sec. 2. All acts or parts of acts in conflict with the provisions of 
this act are hereby repealed. 




Submitted to the Electors of Arizona, November 5, 1918. 


51 


AN AC T t MAKING it A MISDEMEANOR FOR ANY PERSON 

WHO BEING the owner or lessee of any building 
25 PLACE, permits the same to be used for purposes 
25t^5X V1 5 NESS ’ assignation or prostitution, and pro- 

XJDING PUNISHMENT THEREFOR. ALSO DECLARING ALL 
AND PLA CES NUISANCES WHEREIN OR UPON 
iX^i?™ T ACTS OF LEWDNESS, ASSIGNATION OR PROSTI- 
0R 0CCUR OR WHICH ARE USED FOR 
SUCH PURPOSES, AND PROVIDING FOR THE ABATEMENT 
OF SUCH NUISANCES BY INJUNCTION OR OTHERWISE 


To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 


REGULAR GENERAL ELECTION 


to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

Referendum ordered by petition of the people and filed in the office 
of the Secretary of State, May 31, 1917, in accordance with the 
provisions of Paragraph 3328, Chapter 1, Title XXII, 

Revised Statutes of Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


REFERENDUM ORDERED BY PETITION OF THE PEOPLE 


AN ACT MAKING IT A MISDEMEANOR FOR ANY PERSON 
WHO, BEING THE OWNER OR LESSEE OF ANY BUILDING 
OR PLACE, PERMITS THE SAME TO BE USED FOR PURPOSES 
OF LEWDNESS, ASSIGNATION OR PROSTITUTION, AND PRO¬ 
VIDING PUNISHMENT THEREFOR, ALSO DECLARING ALL 
BUILDINGS AND PLACES NUISANCES WHEREIN OR UPON 
WHICH ACTS OF LEWDNESS, ASSIGNATION OR PROSTITU¬ 
TION ARE HELD OR OCCUR OR WHICH ARE USED FOR 
SUCH PURPOSES, AND PROVIDING FOR THE ABATEMENT 
OF SUCH NUISANCES BY INJUNCTION OR OTHERWISE. 

If you favor the above law, vote YES; if opposed, vote NO. 


304 Yes. 


305 No. 

















52 


Pamphlet Containing Measures to Be 


(On Official Ballot Nos. 304 and 305). 


CHAPTER 62. (House Bill No. 4.) 

AN ACT 

MAKING IT A MISDEMEANOR FOR ANY PERSON WHO, 
BEING THE OWNER OR LESSEE OF ANY BUILDING OR 
PLACE, PERMITS THE SAME TO BE USED FOR PURPOSES 
OF LEWDNESS, ASSIGNATION OR PROSTITUTION, AND 
PROVIDING PUNISHMENT THEREFOR. ALSO DECLARING 
ALL BUILDINGS AND PLACES NUISANCES WHEREIN OR 
UPON WHICH ACTS OF LEWDNESS. ASSIGNATION OR PROS¬ 
TITUTION, ARE HELD OR OCCUR OR WHICH ARE USED FOR 
SUCH PURPOSES, AND PROVIDING FOR THE ABATEMENT 
OF SUCH NUISANCES BY INJUNCTION OR OTHERWISE. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF 
ARIZONA: 


Section 1. The term “person” as used in this Act shall be deemed 
and held to mean individuals, corporations, associations, partnerships, 
trustees, lessees, agents and assignees. The term “building” as used 
in this Act shall be deemed and held to mean and include so much of 
any building or structure of any kind as is or may be entered through 
the same outside entrance. 

Sec. 2. Any person who, being the owner or lessee of any build¬ 
ing or place, permits such building or place to be used for purposes of 
lewdness, assignation or prostitution, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of not less 
than One Hundred Dollars ($100.00), nor more than Three Hundred 
Dollars ($300.00), or by imprisonment in the county jail for a term of 
not less than two (2) months nor more than six (6) months, or by both 
such fine and imprisonment. 

Sec. 3. Every building or place used for the purpose of lewdness, 
assignation or prostitution and every building or place wherein or upon 
which acts of lewdness, assignation or prostitution are held or occur, is 
a nuisance which shall be enjoined, abated and prevented as hereinafter 
provided, whether the same be a public or private nuisance. 

Sec. 4. Whenever there is a reason to believe that such nuisance 
is kept, maintained or exists in any county or city and county, the county 
attorney of said county or city and county, in the name of the people 
of the State of Arizona, must, or any citizen of the State resident within 
said county or city and county, in his own name may, maintain an 
action in equity to abate and prevent such nuisance and to perpetually 
enjoin the person or persons conducting or maintaining the same, and 
the owner lessee or agent of the building, or place, in or upon which 
such nuisance exists, from directly or indirectly maintaining or permit¬ 
ting such nuisance. 

Sec. 5. The complaint in such action must be verified unless filed 
by the county attorney. Whenever the existence of such nuisance is 




Submitted to the Electors of Arizona, November 5,1918. 


53 


shown in such action to the satisfaction of the court or judge thereof, 
either by verified complaint or affidavit, the court or judge shall allow 
a temporary writ of injunction to abate and prevent the continuance or 
recurrence of such nuisance. 

Sec. 6. The action when brought shall have precedence over all 
other actions, _ excepting criminal proceedings, election contests and 
hearings on injunctions, and in such action evidence of the general repu¬ 
tation of the place shall be admissable for the purpose of proving the 
existence of said nuisance. If the complaint is filed by a citizen, it 
shall not be dismissed by the plaintiff or for want of prosecution except 
upon a sworn statement made by the complainant and his attorney, 
setting forth the reasons why the action should be dismissed, and the 
dismissal ordered by the court. In case of failure to prosecute any 
such action with reasonable diligence, or at the request of the plaintiff, 
the court, in its discretion, may substitute any such citizen consenting 
thereto for such plaintiff. If the action is brought by a citizen and 
the court finds there was no reasonable ground or cause for said action, 
the costs shall be taxed against such citizen. 

Sec. 7. Any violation or disobedience of either any injunction or 
order expressly provided for by this Act shall be punished as a con¬ 
tempt of court by a fine of not less than two hundred dollars ($200.00) 
nor more than one thousand dollars ($1,000.00) or by imprisonment in 
the county jail for not less than one month nor more than six months, 
or by both such fine and imprisonment. 

Sec. 8. If the existence of the nuisance be established in an action 
as provided herein, an order of abatement shall be entered as a part of 
the judgment in the case, which order shall direct the removal from 
the building or place of all fixtures, musical instruments and movable 
property used in conducting, maintaining, aiding or abetting the nuis¬ 
ance, and shall direct the sale thereof in the manner provided for the 
sale of chattels under execution, and effectual closing of the building or 
place against its use for any purpose, and so keeping it closed for a 
period of one year, unless sooner released, as hereinafter provided. 
While such order remains in effect as to closing, such building or place 
shall be and remain in the # custody of the court. For removing and 
selling the movable property, the officer shall be entitled to charge and 
receive the same fee as he would for levying upon and selling like prop¬ 
erty on execution, and for closing the premises and keeping them closed, 
a reasonable sum shall be allowed by the court. 


Sec. 9. The proceeds of the sale of the property, as provided in the 
preceding section, shall be applied as follows: 

1st. To the fees and costs of such removal and sale; 

2nd. To the allowances and costs of so closing and keeping closed 
such building or place; 

3rd. To the payment of plaintiff’s costs in such action; 

4th. The balance, if any, shall be paid to the owner of the property 
so sold. 

If the proceeds of such sale do not fully discharge all such costs, 
fees and allowances, the said building and place shall then also be sold 



54 


Pamphlet Containing Measures to Be 


under execution issued upon the order of the court or judge and the 
proceeds of such sale applied in like manner. 

Sec. 10. If the owner of the building or place has not been guilty 
of any contempt of court in the proceedings, and appears and pays all 
costs, fees and allowances, which are a lien on the building or place 
and files a bond in the full value of the property, to be ascertained by 
the court, with sureties, to be approved by the court or judge, condi¬ 
tioned that he will immediately abate any such nuisance that may exist 
at such building or place and prevent the same from being established 
or kept thereat within a period of one year thereafter, the court, or 
judge thereof, may, if satisfied of his good faith, order the premises 
closed under the order of abatement, to be delivered of said owner, 
and said order of abatement cancelled so far as the same may relate to 
said property. The release of the property under the provisions of 
this section shall not release it from any judgment, lien, penalty or 
liability to which it may be subject by law. 

Sec. 11. Whenever the owner of a building or place upon which 
the act or acts constituting the contempt shall have been committed, or 
of any interest therein has been guilty of a contempt of court and fined 
therefor in any proceedings under this act, such fine shall be a lien upon 
such building and place to the extent of the interest of such person 
therein inforcable and collectible by execution issued by order of the 
court. 

Sec. 12. All acts and parts of acts in conflict with the provisions 
of this Act are hereby repealed; PROVIDED, that nothing herein shall 
be construed as repealing any law for the suppression of lewdness, assign 
ation or prostitution. 

Approved March 14, 1917. 



Submitted to the Electors of Arizona, November 5, 1918. 


55 


nTT ^ v FRE £CRIBING PUNISHMENT of persons 

murder and providing for the enforce- 
u I t?a N t T t^ D x T EXECUTION of the death penalty and re- 
^ L ^ G ri NITIATIVE measure submitted to THE PEO- 
FEE PETITION FILED IN THE OFFICE OF 

£5 E a S tS9?J: TARY OF state JULY 6, 1916, AND APPROVED 
BY A majority OF THE VOTES CAST THEREON AT THE 
GENERAL ELECTION HELD ON THE 7TH DAY OF NOVEM¬ 
BER* 1916, AND DECLARED TO BE IN FULL FORCE AND EF¬ 
FECT BY PROCLAMATION OF THE GOVERNOR OF THE 
?TA TE OF ARIZONA DATED DECEMBER 8, 1916, AND BEING 
AN ACT RELATING TO THE ENFORCEMENT OF THE DEATH 
PENALTY AND AMENDING PARAGRAPH 173, CHAPTER 1, 
TITLE VIII, PENAL CODE, OF THE REVISED STATUTES OF 
ARIZONA, 1913.” 


AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 
REGULAR GENERAL ELECTION 
to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

By initiative petition of the people filed in the office of the Secretary 
of State, July 3, 1918, in accordance with the provisions of Para¬ 
graph 3328, Chapter 1, Title XXII, Revised Statutes of 
Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT PRESCRIBING PUNISHMENT OF PERSONS 
GUILTY OF MURDER AND PROVIDING FOR THE ENFORCE¬ 
MENT AND EXECUTION OF THE DEATH PENALTY AND 
REPEALING INITIATIVE MEASURE SUBMITTED TO THE 
PEOPLE BY INITIATIVE PETITION FILED IN THE OFFICE 
OF THE SECRETARY OF STATE JULY 6, 1916, AND APPROVED 
BY A MAJORITY OF THE VOTES CAST THEREON AT THE 
GENERAL ELECTION HELD ON THE 7TH DAY OF NOVEM¬ 
BER 1916, AND DECLARED TO BE IN FULL FORCE AND EF¬ 
FECT BY PROCLAMATION OF THE GOVERNOR OF THE 
STATE OF ARIZONA DATED DECEMBER 8, 1916, AND BEING 

“AN ACT RELATING TO THE ENFORCEMENT OF THE 
DEATH PENALTY AND AMENDING PARAGRAPH 173, CHAP¬ 
TER 1 TITLE VIII, PENAL CODE, OF THE REVISED STATUTES 
OF ARIZONA, 1913.” 


If you favor the above law, vote YES; if opposed, vote NO. 


306 Yes. 


307 No. 















56 


Pamphlet Containing Measures to Be 


(On Official Ballot Nos 306 and 307). 

AN ACT 

PRESCRIBING PUNISHMENT OF PERSONS GUILTY OF 
MURDER AND PROVIDING FOR THE ENFORCEMENT AND 
EXECUTION OF THE DEATH PENALTY AND REPEALING 
INITIATIVE MEASURE SUBMITTED TO THE PEOPLE BY 
INITIATIVE PETITION FILED IN THE OFFICE OF THE SEC¬ 
RETARY OF STATE JULY 6, 1916, AND APPROVED BY A MA- 
IORITY OF THE VOTES CAST THEREON AT THE GENERAL 
ELECTION HELD ON THE 7TH DAY OF NOVEMBER, 1916. 
AND DECLARED TO BE IN FULL FORCE AND EFFECT BY 
PROCLAMATION OF THE GOVERNOR OF THE STATE OF 
ARIZONA DATED DECEMBER 8, 1916, AND BEING “AN ACT 
RELATING TO THE ENFORCEMENT OF THE DEATH PEN¬ 
ALTY AND AMENDING PARAGRAPH 173, CHAPTER I, TITLE 
VIII, PENAL CODE, OF THE REVISED STATUTES OF ARI¬ 
ZONA, 1913.” 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARI¬ 
ZONA: 

Section 1. Every person guilty of murder in the first degree shall 
suffer death or imprisonment in the State prison for life, at the discretion 
of the jury trying the same, or, upon the plea of guilty, the Court shall 
determine the same; and every person guilty of murder in the second 
degree is punishable by imprisonment in the State prison not less than 
ten years. 

Sec.. 2. When a judgment of death is rendered, a warrant, signed 
by the judge, and attested by the clerk, under the seal of the Court, 
must.be drawn and delivered to the sheriff. It must state the conviction 
and judgment, and appoint a day on which the judgment is to be exe¬ 
cuted, which must not be less than sixty nor more than ninety days 
from the time of judgment, and must direct the sheriff to deliver the 
defendant within ten days from the time of judgment, to the superin¬ 
tendent of the State prison of this State, for execution. 

Sec. 3. If, after the delivery to the superintendent for execution, 
there is good reason to believe that a defendant, under judgment of 
death, has become insane, the superintendent must call such fact to the 
attention of the county attorney of the county in which the prison is 
situated, whose duty it is to immediately file in the Superior Court of 
such county a petition, stating the conviction and judgment and the 
fact that the defendant is believed to be insane, and asking that the 

question of his sanity be inquired into. Thereupon the court must at 
once cause to be. summoned and empaneled from the regular jury list 
of the county, a jury of twelve persons to hear such inquire 

Sec. 4. The county attorney must attend the hearing and may 
produce. witnesses before the jury, for which purpose he may issue 
process in the same manner as for witnesses to attend before the grand 
jury,, and disobedience thereto may be punished in like manner as dis¬ 
obedience to process issued by the court. 

Sec. 5. The verdict of the jury must be entered upon the minutes, 
and thereupon the court must make and cause to be entered an order 



Submitted to the Electors of Arizona, November 5, 1918. 


57 


reciting the fact of such inquiry and the result thereof, and when it is 
tound that the defendant is insane the order must direct that he be 
taken to the State asylum for the insane, and there kept in safe con¬ 
finement until his reason is restored. 

Sec. 6. If it be found that the defendant is sane, the superintendent 
must proceed to execute the judgment as specified in the warrant; if it 
is found that the defendant is insane, the superintendent must suspend 
the execution, and transmit a certified copy of the order mentioned in 
the last section to the governor and deliver the defendant, together with 
a certified copy of such order, to the medical superintendent of the 
asylum named in such order. When the defendant recovers his reason, 
the superintendent of such asylum must certify that fact to the governor, 
who must thereupon issue to the superintendent his warrant, appoint¬ 
ing a day for the execution of the judgment. 

Sec. 7. If there is good reason to believe that a female against 
whom a judgment of death is rendered, is pregnant, such proceedings 
must be had as are provided in Section 3 hereof, except that instead of 
a jury, as therein provided, the court may summon three disinterested 
physicians of good standing in their profession to inquire into the sup¬ 
posed pregnancy, who shall, in the presence of the court, but with closed 
doors if requested by the defendant, examine the defendant and hear 
any evidence that may be produced, and make a written finding and 
certificate of their conclusion, to be approved by the court and spread 
upon the minutes. The provisions of Section 4 hereof apply to the 
proceedings upon such inquiry. 

Sec. 8. If it be found .that the female is not pregnant, the super¬ 
intendent must execute the judgment; if it is found that she is pregnant, 
the superintendent must suspend the execution of the judgment, and 
transmit a certified copy of the finding and certificate to the governor. 
When the governor receives from the superintendent a certificate that 
the defendant is no longer pregnant, he must issue to the superintendent 
his warrant, appointing a day for the execution of the judgment. 

Sec. 9. If for any reason other than the pendency of an appeal, 
a judgment of death has not been executed, and it remains in force, 
the court in which the conviction is had, on the application of the 
county attorney of the county in which the conviction is had, must order 
the ‘defendant to be brought before it, or if he is at large, a warrant 
for his apprehension may be issued. Upon the defendant being brought 
before the court, it must inquire into the facts, and if no legal reason 
exists against the execution of the. judgment, must make an order that 
the superintendent of the State prison, to whom the sheriff is directed 
to deliver the defendant, execute the judgment at a specified time. The 
superintendent must execute the judgment accordingly. From an order 
directing and fixing the time for the execution of a judgment, as herein 
provided there is no appeal. 

Sec. 10. The punishment of death must be inflicted by hanging 
the defendant by the neck until he is dead. 

Sec. 11. A judgment of death must be executed within the walls 
of the state prison. The superintendent of the State prison where the 
execution is to take place must be present at the execution and must 
invite the presence of a physician, the Attorney General of the State, 
and at least twelve reputable citizens, to be selected by him; and he 
shall at the request of the defendant, permit such clergymen, not ex- 




58 


Pamphlet Containing Measures to Be 


ceeding two, as the defendant may name, and any persons, relatives or 
friends, not to exceed five, to be present at the execution, together 
with such peace officers as he may think expedient to witness the execu¬ 
tion. But no other persons than those mentioned in this section can be 
present at the execution, nor can any person under age be allowed to 
witness the same. , 

Sec. 12. After the execution, the superintendent must make a re¬ 
turn upon the death warrant to the court by which the judgment was 
rendered, showing the time, mode and manner in which it was executed. 

Sec. 13. Initiative measure submitted to the people by initiative 
petition filed in the office of the Secretary of State July 6, 1916, and ap¬ 
proved by a majority of the votes cast thereon at the general election 
held on the 7th day of November, 1916, and declared to be in full force 
and effect by proclamation of the Governor of the State of Arizona 
dated December 8, 1916, and being “An Act Relating to the Enforce¬ 
ment of the Death Penalty and Amending Paragraph 173, Chapter I, 
Title VIII, Penal Code, of the Revised Statutes of Arizona, 1913,” is 
hereby repealed. 

Sec. 14. All acts and parts of acts in conflict with this act are 
hereby repealed. 


Filed July 3, 1918. 



59 


Submitted to the Electors of Arizona, November 5, 1918. 


RF enn A TFrTFn^ I J? I ^J4 IAT MINOR CHILDREN SHALL NOT 
THF ro\FcS^^?^°-rT ( l2 MPULSORY VACCINATION WITHOUT 
I ATTwr N TA N , T »m F l H o EIR PARENTS OR GUARDIANS, AND RE- 
ThP^9-£RtA?L-£ R 5 VI P ING REGULATIONS to govern 
THF PUR?Tr D Q?S£r>9? NON-VACCINATED CHILDREN AT 
sch OOLS during the period of AN EPI- 

rHAPTFR F i S ttt^ P yt X t’ REPEALIN G PARAGRAPH 4396, 

li^cTviLCODE 1 ^ 5 ^ XLI ’ REVISED STATUTES OF ARIZONA, 


AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona for 
their approval or rejection at the 

REGULAR GENERAL ELECTION 
to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

By initiative petition of the people filed in the office of the Secretary 
of State, July 3, 1918, in accordance with the provisions of Para¬ 
graph 3328, Chapter 1, Title XXII, Revised Statutes of 
Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, Re 
vised Statutes of Arizona, 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT PROVIDING THAT MINOR CHILDREN SHALL NOT 
BE SUBJECTED TO COMPULSORY VACCINATION WITHOUT 
THE CONSENT OF THEIR PARENTS OR GUARDIANS, AND RE¬ 
LATING TO AND PROVIDING REGULATIONS TO GOVERN THE 
ATTENDANCE OF NON-VACCINATED CHILDREN AT THE PUB¬ 
LIC SCHOOLS DURING THE PERIOD OF AN EPIDEMIC OF 
SMALLPOX, AND REPEALING PARAGRAPH 4396, CHAPTER 1, 
TITLE XLI, REVISED STATUTES OF ARIZONA, 1913, CIVIL 
CODE. 


If you favor the above law, vote YES; if opposed, vote NO. 


308 Yes. 


309 No. 














60 


Pamphlet Containing Measures to Be 


(On Official Ballot Nos 308 and 309). 


AN ACT 


PROVIDING THAT MINOR CHILDREN SHALL NOT BE 
SUBJECTED TO COMPULSORY VACCINATION WITHOUT THE 
CONSENT OF THEIR PARENTS OR GUARDIANS, AND RELAT¬ 
ING TO AND PROVIDING REGULATIONS TO GOVERN THE 
ATTENDANCE OF NON-VACCINATED CHILDREN AT THE PUB¬ 
LIC SCHOOLS DURING THE PERIOD OF AN EPIDEMIC OF 
SMALLPOX, AND REPEALING PARAGRAPH 4396, CHAPTER 1. 
TITLE XLI, REVISED STATUTES OF ARIZONA, 1913, CIVIL 
CODE. 


BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARI¬ 
ZONA: 


Section 1. No minor child shall be subjected to compulsory vaccin¬ 
ation without the consent of the parent of guardian having the care, 
custody or control of such minor. PROVIDED, HOWEVER, that 
no minor child shall be permitted to attend any public school in any 
school district in the State of Arizona during the period in which a 
smallpox epidemic may be prevalent in said school district unless said 
minor child shall have first been vaccinated. 

Section 2. That paragraph 4396, Chapter I, Title XLI, of the Re¬ 
vised Statutes - of Arizona, 1913, Civil Code, be, and the same is hereby 
repealed. 

Sec. 3. That all acts and parts of acts in conflict with the provi¬ 
sions of this act are hereby repealed. 

Filed July 3, 1918. 



Submitted to the Electors of Arizona, November 5, 1918. 


61 


AN ACT TO AMEND SECTION 30, CHAPTER 5, OF THE 
ACTS OF THE SECOND SPECIAL SESSION OF THE SECOND 
LEGISLATURE OF THE STATE OF ARIZONA. 

AN INITIATIVE MEASURE 

To be submitted to the qualified electors of the State of Arizona, for 
their approval or rejection at the 

REGULAR GENERAL ELECTION 

to be held 

ON THE FIFTH DAY OF NOVEMBER, 1918. 

By initiative petition of the people filed in the office of the Secretary 
of State, July 2, 1918, in accordance with the provisions of Para¬ 
graph 3328, Chapter 1, Title XXII, Revised Statutes of 
Arizona, 1913, Civil Code. 


Printed in pursuance of Paragraph 3332, Chapter 1, Title XXII, 
Revised Statutes of Arizona 1913, Civil Code. 

SIDNEY P. OSBORN, Secretary of State. 


The following is the form and number in which the question will 
be printed on the official ballot: 


PROPOSED BY INITIATIVE PETITION OF THE PEOPLE. 


AN ACT TO AMEND SECTION 30, CHAPTER 5 OF THE 
ACTS OF THE SECOND SPECIAL SESSION OF THE SECOND 
LEGISLATURE OF THE STATE OF ARIZONA, “LEASE OF 
STATE LANDS.” 


If you favor the above law, vote YES; if opposed, vote NO. 


310 Yes. 


311 No. 













62 


Pamphlet Containing Measures to Be 


(On Official Ballot Nos. 310 and 311). 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARI¬ 
ZONA: 


That Section 30, Chapter 5 of the Acts of the Second Special Ses¬ 
sion of the Second Legislature of the State of Arizona, entitled “An 
Act to provide a code for the systematic administration, care and pro¬ 
tection of the State Lands” and for other purposes, passed by the 
Second Special Session of the said Second Legislature of the State 
of Arizona, be and the same is hereby amended so as to read as follows: 

LEASE OF STATE LANDS. 

Section 30. APPLICATION FOR LEASE. 


All lands not otherwise administered shall be subject to lease as in 
this Act provided. All applications for lease shall be made on blank 
forms to be prepared and furnished by the Commissioner and shall 
be signed and sworn to by the applicant and filed with the Commissioner. 


Filed July 2, 1918. 




Submitted to the Electors of Arizona, November 5, 1918. 63 

INDEX 

Page 

CONSTITUTIONAL AMENDMENTS: 

Adding New Article No. XXV, Workmen’s Insurance Act. 2 

Affirmative Argument ......28 

Negative Argument .29 

Act to Amend Section 1, Sub.-Div. 2 of Article V, Changing 
method of Electing Members of Legislature.31 

Affirmative Argument ......33 

Act to Amend Section 10, of Article 10, providing for the sale 
and lease of State Lands. 36 

Act to Amend Section 11, of Article 10, limiting the sale of 

Agricultural and Grazing Land.38 

INITIATIVE MEASURES: 

Amending Paragraph 173, Chapter 1, Title VIII, Penal Code, 
entitled: “An Act relative to the enforcing of the death 
penalty” .-.47 

Anti-Vaccination Act . 51 

An Act to Amend Section 30, Chapter 5, Laws 1913, entitled, 
“Lease of State Lands”.53 

REFERENDUM: 

Act to Amend Section 4, of Initiative Measure to Abolish the 

contract system of all State Construction.39 

Act to Amend Sections 319 to 323, Chapter 10, Title 9, Revised 
Statutes 1913, entitled: “Gaming”.41 

An Act to Amend Chapter 62, State Laws 1917 entitled: “Red 
Light Abatement Act”. 43 


















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Me NEIL PRINTING COMPANY 




PHOENIX. ARIZONA 










